Bijendra Singh v. ITO (2024) 297 Taxman 455 (Raj.)(HC)

S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Unexplained money-Limitation-After three years-Deposit was only Rs 33.62 lacs-Notice is barred by limitation. [S. 148, 148A(b), 148A(d), 149(1)(a), Art. 226]

Assessing Officer issued on assessee a notice under section 148A(b) after three years from relevant assessment year indicating that he had deposited Rs. 59.75 lacs in cash in his bank account during said year. Assessee filed reply indicating that he had deposited Rs. 33.62 lacs only, i.e., less than Rs. 50 lacs and as notice was issued after three years from assessment year, same was barred by limitation. Assessing Officer refused to drop proceedings and passed assessment order. On writ allowing the petition the Court held that since cash deposit was Rs. 33.62 lacs only and once said aspect was clear to Assessing Officer, he lost his jurisdiction to further continue with proceedings as limitation under section 149(1)(a) of three years would trigger and he would lose jurisdiction on account of limitation, as amount was less than Rs. 50 lacs. Court held that since notice issued under section 148(A)(b) was barred by limitation, notice and all other orders are quashed. (AY. 2015-16)