Assessee filed return on 29 /9/2014. AO issued reopening notice on 29 /6/ 2021. Post Ashish Agarwal, AO issued 148A(b) notice 25 /05/ 2022. AO passed order u/s 148A(d) on 26 /07/2022 and issued fresh notice u/s 148 on 27 /07/ 2022. Assessee challenged reopening on the ground of limitation. The High Court held that the notice dated 27 /07 2022 was time-barred. Since the period of two days would expire on 10-6-2022 or 27-6-2022, respectively, notice under section 148 issued on 27-7-2022 was time-barred, inasmuch as it was issued much after the surviving period. (AY. 2014-15)
Hitesh Ramniklal Shah v. ACIT [2025] 180 taxmann.com 642/(2026] 486 ITR 281 (Bom)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Assessing Officer issued notice under unamended section 148 on 29-6-2021 for Assessment Year 2014-15 and thereafter show cause notice was issued on 25-5-2022, since computation of limitation under section 149, after giving effect to first proviso and considering exclusion period, yielded a mere two-day surviving period expiring on 27-6-2022, notice under section 148 issued on 27-7-2022 was time barred, inasmuch as it was issued much after surviving period. [S. 148, 148A(b), 148A(d), 149, Art. 226, Taxation and Other Laws (Relaxation and Amendments of Certain Provisions) Act, 2020, S.3]
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