The
appeal was filed by the assessee against the Final Assessment Order dated 11
March 2025 passed under Section 147 read with Section 144C(13) of the
Income-tax Act, 1961, pursuant to the directions issued by the Dispute
Resolution Panel for Assessment Year 2015-16.
At
the outset, the assessee challenged the very initiation of reassessment
proceedings on the ground that the notice issued under Section 148 of the Act
was barred by limitation and therefore invalid in law. It was contended that
the reassessment proceedings initiated after 1 April 2021 for AY 2015-16 were
unsustainable in view of the statutory time limits prescribed under Section
149, even after considering the relaxations granted under the Taxation and
Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA).
The
assessee relied heavily on the judgment of the Supreme Court in Union of
India vs Rajeev Bansal, wherein the Revenue expressly conceded that for
Assessment Year 2015-16, any notice issued on or after 1 April 2021 would be
required to be dropped as it would fall beyond the permissible period of
limitation. This legal position was further reinforced by subsequent decisions
of the Supreme Court and various High Courts, consistently holding that
reassessment proceedings for AY 2015-16 initiated after the said date are
time-barred and liable to be quashed.
Upon
examination of the factual timeline, it was noted that although the original
notice under the erstwhile provisions was issued on 8 April 2021, the
subsequent notice under Section 148 pursuant to the procedure laid down in Ashish
Agarwal was ultimately issued on 29 July 2022. The Tribunal observed that,
in light of the authoritative pronouncement in Rajeev Bansal, the
benefit of TOLA could not extend the limitation period for AY 2015-16 beyond 31
March 2022.
The
Tribunal further placed reliance on the Supreme Court’s decision in Deepak
Steel and Power Ltd. vs CBDT, wherein reassessment notices issued after 1
April 2021 for AY 2015-16 were categorically quashed on the ground of
limitation, holding that no further adjudication on merits was required once
the notice itself was invalid.
Accordingly,
the Tribunal held that the impugned notice issued under Section 148 of the Act
was bad in law, being barred by limitation. Consequently, the assessment order
passed under Section 147 read with Section 144C(13) was also quashed. Since the
reassessment itself was rendered invalid, the remaining grounds raised by the
assessee were held to be academic in nature.
As
a result, the appeal of the assessee was allowed in full.
Source Link- https://itat.gov.in/public/files/upload/1767158043-5htBwY-1-TO.pdf
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