Notice issued for assessment year 2015-16 on 27.05.2022 under section 148A(b) is not in continuation of reopening notice under section 148 dated 30.6.2021 as the assessee had not assailed the said notice before any court. Thus, the decision of Hon’ble Supreme Court in the case of UOI v. Ashish Agarwal(2022) 286 Taxman 183/ 444 ITR 1 (SC) is not applicable in the facts of the present case. Thus, the impugned notice issued under section 148 in pursuance to the notice dated 27.05.2022 under section 148A(b) is in contravention of first proviso to section 149(1) and thus, barred by limitation.(AY. 2015-16)
Genpat India (P.) Ltd. v. ACIT, OSD (2024) 301 Taxman 126 (Delhi)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Limitation-Assessee had not initiated any legal proceedings to assail the notice dated 30.06.2021 issued under section 148-Subsequent notice issued under section 148A(b) pursuant to decision of Hon’ble Supreme Court in UOI v Ashish Agarwal (2022) 286 Taxman 183/ 444 ITR 1 (SC) is barred by limitation. [S. 148, 148A(b) 148A(d) 149, Art. 226]