ACIT v.Bharat Ramanlal Parekh(2025) 307 Taxman 391 (SC) Editorial : Bharat Ramanlal Parekh v.ACIT (2015) 178 taxmann.com 314 (Bom)(HC)

S. 149: Reassessment-Time limit for notice-validity of a notice must be judged on basis of law existing as on date on which notice was issued under section 148-Order passed under section 148A(d) and notice issued under section 148 were quashed on ground of limitation-Issue is covered in the case UOI v. Rajeev Bansal [2024] 301 Taxman 238 (SC)-Assessing Officer was directed to dispose of objections of assessee accordingly.[S. 148, 148A(b), 148A(d), Art. 136]

 

Assessee filed writ challenging reopening notice and stated that the issue was covered by the High Court’s decision in Godrej Industries Ltd. v. Asstt. CIT [2024] 160 taxmann.com 13 (Bom) (HC).  Revenue agreed to said claim. High Court held that the validity of a notice must be judged on the basis of law existing as on the date on which the notice was issued under section 148 and the order passed under section 148A(d), and the notice issued under section 148 was to be quashed on the ground of limitation.   SLP of revenue was disposed of following the judgment in  UOI v. Rajeev Bansal[2024] 301 Taxman 238   (SC), and the assessing officers were directed to dispose of objections in terms of law laid down by the Court; thereafter, the assessee, if aggrieved, would be at liberty to pursue all rights and remedies in accordance with law.