Taxontips
No Result
View All Result
Sunday, June 22, 2025
Login/ Register
  • Home
  • Income Tax
    • Income Tax Return
    • Tax Notice/ Personal consultation
    • Compliance Notice
    • Faceless Assessment
  • GST
    • GST Registration
    • GST Consultation
  • News
    • Income Tax News
    • GST news
    • Budget News
    • Business & Other News
  • Q & A
  • About us
  • Contact us
Talk to an Expert
  • Home
  • Income Tax
    • Income Tax Return
    • Tax Notice/ Personal consultation
    • Compliance Notice
    • Faceless Assessment
  • GST
    • GST Registration
    • GST Consultation
  • News
    • Income Tax News
    • GST news
    • Budget News
    • Business & Other News
  • Q & A
  • About us
  • Contact us
No Result
View All Result
Taxontips
No Result
View All Result

Scrutiny Notice issued u/s 148 of the Income tax Act for AY 2013-14 to AY 2017-18 after 01.04.2021 stayed by High court

Income tax Expert by Income tax Expert
July 14, 2021 - Updated on August 1, 2021
in Case Laws, Income Tax News
1
Received mail from GSTN “Aggregate turnover being more than Rs. 5 Cr during FY 2019-20” What does this mean?
188
SHARES
2.3k
VIEWS
image_pdfPDFimage_printPrint

Section 148 of the Income tax Act deals with issuing notice to the assessee in the case where income has escaped assessment which is also popularly known as reassessment proceedings.

Finance Act, 2021 has amended and substituted the proceedings in case of such reassessment proceedings, wherein the assessing officer can only conduct reassessment proceedings within 3 years from the end of relevant assessment year to which such income relates and 10 years in case where income escaping assessment exceeds Rs. 50 lakh.

In the earlier provision, this time limit mentioned under section 149 of the Income tax act was 6 years in a case where income escaping assessment was more than Rs. 1 lakh and 4 years in any other case.

As we know that due to the pandemic and due to upgrade of the Income tax e-filing website various due dates were extended which also includes extending due dates for issuing notice u/s 148 of the Income tax Act.

Are all the due dates of tax audit and Income tax return for FY 2019-20 extended to 31.03.2021 by the bill presented in Lok sabha Dt. 18.09.2020

CBDT extends due dates of various proceedings and order under Income tax act to 30.06.2021 in light of the raging pandemic

Now, the new provision of section 148 and 149 have been incorporated in the Income tax act from 01.04.2021, however Assessing officer were still issuing notices under the earlier provision of Income tax act even after 01.04.2021 to the assessee’s for AY 2013-14 to 2017-18 based on a notification issued by CBDT extending such due dates.

Aggrieved by this assessee started filing Writ petition before various High court’s stating that when a new provision or law has been enacted under Income tax act and substituted the old law, new notices cannot be issued under the old provision and hence all the notices issued u/s 148 of the Income tax Act under the old provision are void ab initio and needs to be quashed.

Against the above plea, Hon’ble High court has granted stay against the proceedings as the Income tax department needed some time to reply to such notices.

 

Various cases where such writ petition has been filed are as under:

(i) In the case of Sahil International Vs. Assistant Commissioner of Income Tax, Circle-19(3) & Ors. WP(L) No. 14687 of 2021 (Bombay) dated 9th July, 2021

(ii) In the case of Mon Mohan Kohli Vs. Assistant Commissioner of Income Tax & Anr. dated W.P.(C) 6176 of 2021 7th July, 2021. 

(iii) Bagaria Properties and Investments Private Limited and Anr. Vs Union of India and Ors (Calcutta High Court)

Where most of the cases are unreported one such reported judgement by Bombay High Court in case of Tata Communications Transformation Services Limited Versus Assistant Commissioner of Income Tax 14(1)(2), Mumbai & Ors. WRIT PETITION NO.1334 OF 2021 is available in public domain.

To download the order CLICK HERE.

Although these are just interim stay on such notices/ proceedings by High Court’s as the department needed some time to reply but it is a welcoming order as such writ petition were not straight away quashed by Hon’ble High court.

 

You can book phone consultation/ assistance online with expert as mentioned below:

To book ITR filing with experts CLICK ME.

To book phone consultation with experts for Income tax CLICK ME.

To book consultation for Faceless Assessment with experts CLICK ME.

To book phone consultation with experts for GST CLICK ME.

To book general phone consultation with expert CLICK ME.

image_pdfPDFimage_printPrint
Tags: 148 noticeIncome taxIncome tax noticeincome tax scrutinyincome tax updatetax notice
Previous Post

Penalty for failure to get books of accounts Audited under Income tax | Penalty for tax audit | Section 271B

Next Post

FLA return due date extended to 31.07.2021 from 15.07.2021 for 2020-21

Related Posts

Tatva Chintan Pharma Chem Limited IPO details and capital gain tax on selling IPO allotment | Capital gain on IPO
Case Laws

ITAT Mumbai: Capital Gains on Indian Mutual Funds Not Taxable in India for Non-Residents under DTAA [Case law]

May 2, 2025
Guidelines for manual selection of returns for Complete Scrutiny during the financial-year 2019-20-
Income Tax News

No relief under section 87A for capital gain even after date extended to file revised return for AY 2024-25?

April 1, 2025
Received mail from GSTN “Aggregate turnover being more than Rs. 5 Cr during FY 2019-20” What does this mean?
Income Tax News

Assessee receiving message for 80GGC donation for AY 2022-23 from Income tax department

January 29, 2025
Guidelines for manual selection of returns for Complete Scrutiny during the financial-year 2019-20-
Income Tax News

Guidance note 2 issued for Vivad se vishwas Scheme, 2024 [Read circular]

January 1, 2025
Guidelines for manual selection of returns for Complete Scrutiny during the financial-year 2019-20-
Income Tax News

Due date extended for filing belated, revised return and Vivad se vishwas declaration

December 31, 2024
Due date for Tax audit for A.Y. 2019-20 extended from 30th September to 31st October
Income Tax News

Extension of due date for furnishing return of income from 30.11.2024 to 15.12.2024

November 30, 2024
Next Post
FLA return due date extended to 31.07.2021 from 15.07.2021 for 2020-21

FLA return due date extended to 31.07.2021 from 15.07.2021 for 2020-21

Comments 1

  1. Pingback: Rajasthan High court puts stay on Income tax reassessment proceedings under section 148 which were started in old provisions - Taxontips

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Google Custom search

Recent Posts

  • Statutory Compliance Calendar for June 2025 | Income tax, GST and various other laws
  • Statutory Compliance Calendar for May 2025 | Income tax, GST and various other laws
  • ITAT Mumbai: Capital Gains on Indian Mutual Funds Not Taxable in India for Non-Residents under DTAA [Case law]
  • Statutory Compliance Calendar for April 2025 | Income tax, GST and various other laws
  • No relief under section 87A for capital gain even after date extended to file revised return for AY 2024-25?

Recent Comments

  • k.salam on Statutory Compliance Calendar for May 2025 | Income tax, GST and various other laws
  • Brendan Gleeson on Clarification for the purposes of Section 269ST of the I.T. Act in respect of dealership/distributorship contract in case of Co-operative Societies
  • Kovac Ryker on Clarification for the purposes of Section 269ST of the I.T. Act in respect of dealership/distributorship contract in case of Co-operative Societies
  • Hailey Bradwell on Clarification for the purposes of Section 269ST of the I.T. Act in respect of dealership/distributorship contract in case of Co-operative Societies
  • ADMIN on Submit response to confirm/ revise the refund claim – Why are you getting this mail and how to get refund

Categories

  • Budget News
  • Business & Other News
  • Case Laws
  • GST news
  • Income Tax News
  • News

Browse Topics by Date

June 2025
M T W T F S S
 1
2345678
9101112131415
16171819202122
23242526272829
30  
« May    
  • GSTR 9/ 9C extended : AGAIN

    GSTR 9/ 9C due date to be extended to 31.10.2020 | E-invoicing will be voluntary in the beginning

    6537 shares
    Share 2615 Tweet 1634
  • How to pay Membership and COP fees of ICAI for 2020-21 |

    6444 shares
    Share 2578 Tweet 1611
  • Code/ Nature of payment 6CR updated by NSDL in challan 281 for paying TCS on sale of goods

    5905 shares
    Share 2362 Tweet 1476
  • Are all the due dates of tax audit and Income tax return for FY 2019-20 extended to 31.03.2021 by the bill presented in Lok sabha Dt. 18.09.2020

    4855 shares
    Share 1942 Tweet 1214
  • SFT transaction mentioned in Form 26AS | What does it mean? | Who reports it? | SFT codes transaction type

    4083 shares
    Share 1633 Tweet 1021

Recent Notification

Compliance due dates for June, 2020 | Compliance calendar for June, 2020 | 20+ compliances

Statutory Compliance Calendar for June 2025 | Income tax, GST and various other laws

June 5, 2025
Compliance due dates for June, 2020 | Compliance calendar for June, 2020 | 20+ compliances

Statutory Compliance Calendar for May 2025 | Income tax, GST and various other laws

May 8, 2025

RSS Taxontips

  • Statutory Compliance Calendar for June 2025 | Income tax, GST and various other laws
  • Statutory Compliance Calendar for May 2025 | Income tax, GST and various other laws
  • ITAT Mumbai: Capital Gains on Indian Mutual Funds Not Taxable in India for Non-Residents under DTAA [Case law]
  • Statutory Compliance Calendar for April 2025 | Income tax, GST and various other laws
  • No relief under section 87A for capital gain even after date extended to file revised return for AY 2024-25?
  • Statutory Audit of Cash and Cash Equivalents in Indian Companies [Company Law]
  • Statutory Audit of Trade Receivables in Indian Companies [Company law]
  • Statutory Compliance Calendar for February 2025 | Income tax, GST and various other laws
  • Budget 2025 updates | Income tax and GST updates
  • Assessee receiving message for 80GGC donation for AY 2022-23 from Income tax department

Categories

  • Budget News
  • Business & Other News
  • Case Laws
  • GST news
  • Income Tax News
  • News

Site menu

  • Home
  • Income Tax
    • Income Tax Return
    • Tax Notice/ Personal consultation
    • Compliance Notice
    • Faceless Assessment
  • GST
    • GST Registration
    • GST Consultation
  • News
    • Income Tax News
    • GST news
    • Budget News
    • Business & Other News
  • Q & A
  • About us
  • Contact us
Taxontips

TaxOnTips provides you all tax related solutions in easy way and update you with its regular updates & notifications Visit us for details.
We are based in Jaipur, India

© 2019-2023 Taxontips.com - Tax assistance at your Fingertips

No Result
View All Result
  • Login/Signup
  • Income Tax
    • Income Tax Return
    • Tax Notice/ Personal consultation
    • Compliance Notice
    • Faceless Assessment
  • GST
    • GST registration
    • GST Consultation
  • News
    • Income Tax News
    • GST news
    • Budget News
    • Business & Other News
  • About us
  • Contact us
  • Ask an expert/ Talk to an expert
  • Q & A
  • Privacy Policy
  • Terms of use

© 2019-2023 Taxontips.com - Tax assistance at your Fingertips

Book Phone consultation with expert

Sitting home or at your office and don't have time to visit CA's office or don't know where to consult CA. Book your consultation with an expert practicing Chartered Accountant and get your query solved.

Book a phone consultation for 30 minutes with our expert at a very basic cost.

Book consultation

No thanks, I'm not interested!