Facts of the
Case:
A batch of writ petitions challenged notices issued under Section 148 of the Income Tax Act, 1961 (“Act”) for Assessment Years 2016‑17 and 2017‑18. Petitioners contended that notices were time‑barred under the amended Section 149(1)(a) since alleged escaped income was below ₹50 lakhs, and therefore extended limitation under Section 149(1)(b) was inapplicable. Notices were issued post 01.04.2021 after enactment of the Finance Act, 2021 (“FA 2021”) and were aligned with the Supreme Court’s decision in Union of India & Ors. vs. Ashish Agarwal (2023) 1 SCC 617 and CBDT Instruction dated 11.05.2022. Petitioners objected via Section 148A(c) and raised writ petitions.
Issues
Involved:
- Whether notices issued under Section 148 are sustainable where
alleged escaped income is below ₹50 lakhs.
- Whether the extended limitation under Section 149(1)(b) applies
absent jurisdictional conditions.
- Whether the Revenue’s “travel‑back in time” approach—treating
notices as issued on original dates via FA 2021 and CBDT Instruction—has
legal support.
- Interaction of Finance Act 2021 amendments and the CBDT Instruction with notice validity.
Petitioner’s
Arguments:
• Notices under Section 148 have exceeded three‑year
limitation under Section 149(1)(a) and extended period under Section 149(1)(b)
cannot be invoked as escaped income is below ₹50 lakhs.
• The Revenue’s “travel‑back” doctrine has no statutory or judicial basis and
is contrary to FA 2021, TOLA and settled principles.
• Instruction dated 11.05.2022 is vague and inconsistent with statutory
provisions and Supreme Court directions.
• TOLA’s reliefs do not extend limitation for notices beyond prescribed
statutory periods.
Respondent’s
Arguments:
• Supreme Court’s decision in Ashish Agarwal
should be read with TOLA and CBDT Instruction to validate notices by treating
them as issued under Section 148A(b) of the Act.
• Extended limitation under Section 149(1)(a) applies when notices are so
treated, irrespective of escaped income quantum.
• TOLA and coordinate bench decisions (e.g., Touchstone Holdings Pvt.
Ltd. vs. ITO) validate extension of limitation.
• The travel‑back approach is consistent with legislative intent and Supreme
Court directions.
Court Order
/ Findings:
• High Court held that the amended Section 149 is
applicable post FA 2021.
• It rejected the Revenue’s “travel‑back in time” theory, noting no statutory
support.
• TOLA notifications do not validly extend the limitation for reassessment
notices beyond statutory limits for cases where escaped income is below
₹50 lakhs.
• CBDT Instruction dated 11.05.2022 cannot override the plain language of the
statute and Supreme Court’s directions.
• Notices under Section 148 that exceed the prescribed limitation are invalid.
Important
Clarifications:
• Section 149(1)(a) provides a three‑year
limitation for issuance of reassessment notices.
• Section 149(1)(b) allows extended limitation up to ten years only if escaped
income is ₹50 lakhs or more.
• TOLA extends statutory timelines but does not confer substantive rights
beyond legislative framework.
• Supreme Court’s Ashish Agarwal decision treats certain notices as
under Section 148A(b) but does not create a “back‑dating” doctrine.
Sections
Involved:
• Section 148 – Issue of notice where income has
escaped assessment.
• Section 149(1)(a) & (b) – Time limits for issue of notice.
• Section 148A – Procedure for reopening assessments under FA 2021.
Link to download the
order - https://delhihighcourt.nic.in/app/showFileJudgment/RAS10112023CW115272022_212005.pdf
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