S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-After four years – Limitation-Applicability of fifth proviso-Fifth proviso can only apply where one has to determine whether the time-limit of three years and ten years in S 149(1) are breached-Sixth proviso to S. 149 has no impact as it only provides a situation where after exclusion of the time period referred to in the fifth proviso, the time available with the AO for passing an order under S. 148A(d) is less than 7 days, then the remaining time frame shall be extended to 7 days and limitation also stands extended by 7 days-Revenue is seeking to exclude a period from 21st May, 2021 to 4th May, 2022-Which cannot apply-Hence, the notice dt. 31st July, 2022 is is barred by limitation hence bad in law. [S. 148, 148A(b), 148A(d), 149(1), Art. 226]
Godrej Industries Ltd. v. ACIT (2024) 338 CTR 25 / 160 taxmann.com 13 / 470 ITR 628 (Bom) (HC)