Allowing the petition the Court held that the notice issued under section 148 pertaining to the assessment 2013-14 was issued on March 30, 2021, i. e., prior to April 1, 2021 and beyond the period of six years. The notice and all the subsequent orders and proceedings were quashed. The Court also held that Supreme Court in UOI v. Ashish Agarwal (2022) 444 ITR (SC) only partly allowed the appeals of the Union of India and made a distinction between notices issued under section 148 of the Income-Tax Act, 1961 for reopening the assessment under section 147 by the Department on or after April 1, 2021 and those that have been issued prior thereto. (AY.2013-14)
Nutan Bhusan Jena v. PCIT (2023) 452 ITR 288/ 333 CTR 867 (Orissa)(HC)
S. 148 : Reassessment-Notice-Direction of Supreme Court-UOI v. Ashish Agarwal-Pertaining only to notices issued after 1-4-2021 (2022) 444 ITR 1 (SC)-Notice issued prior to that date and after six years from assessment Year-Notices and proceedings are quashed. [S. 147, Art. 226]