| Question And Answer | |
|---|---|
| Subject: | Section 151 . Sanction for issue of notice – Who will be approving authority u/s 151 i.e. JCIT or CIT, considering the extension granted time to time due to Covid Pandemics. |
| Category: | Income-Tax |
| Querist: | S. G. Gandhi |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | Extension granted from time to tine, Reassessment, Sanction for issue of notice |
| Date: | June 28, 2021 |
Notice u/s 148 for ay 15-16 received 0n 25/03/2021. Who will be approving authority u/s 151 i.e. JCIT or CIT, considering the extension granted time to time due to Covid Pandemics.
As per explanation provided in Notification No. 20 & 38 of 2021 it has been clarified that the erstwhile regime of reassessment will continue for Notices whose last date of issuance is March 31, 2021 (Now June 30, 2021).
Therefore, section 151 of the Act before the amendment vide Finance Act, 2021 will continue to operate.
Further, as per the language of Taxation and Other laws (Relaxation of Certain Provisions) Ordinance, 2020, the date of issuance of Notice between March 20, 2020 to June 29, 2020 has been extended. This date has been time and again extended vide various Notifications.
Therefore, since the case of the assessee i.e., AY 15-16 would be considered as a case reopened within 4 years as a Notice issued in March 2020 would amount to reopening within 4 years.
That said, the issue is debatable unless a judicial precedent throws some light on this issue.
Excellent..as the Finance Act 2021 passed and assented the intent of Legislature is on record.Issuing notification is delegated power to authorities/Board.Post 01/04/21 the law prevailing normally to apply?