Question And Answer
Subject: income tax 149 time limit reassesment
Category: 
Querist: sagar khurana
Answered by:
Tags: ,
Date: August 13, 2023
Query asked by sagar khurana
Amendment of 149 in finance act 2022
As per finance act 2022, the income escaping assessment should be represented in the form of— an asset, an entry or entries or expenditure in a single transaction or transactions and expenditure….
For AY-2018-2019, the limit of 3 year get expired on 31 march 2022….now the amendment of finance bill 2022 be effective from april 1, 2022. so non asset based representation will also expire on 31 march 2022 for ay 2018-2019, if income escaping assessment is-more-than-50-lakh…is it right………………………………………..my questions is the following….
Questions
:
Can Income escaping assessment more than 50 lakh amended by finance act 2022 represented in the form of asset, expenditure or entries in the books of account will be applicable for AY-2018-2019, if assessing officer wants to open the case on 5 A pril 2022.
As per my understanding its no
Reasoning—
Asset based- Fine, Assessing officer can open Income escaping assessment more than 50 lakh amended by finance act 2022 represented in the form of asset
Expenditure based- Time barred, Assessing officer can not open Income escaping assessment more than 50 lakh amended by finance act 2022 represented in the form of expenditure (as for ay 2018-2019, normal 3 years got expired on 31 march 2022 so it can not be amended by finance act 2022)
single transaction or transactions-  Again Time barred (as for ay 2018-2019, normal 3 years got expired on 31 march 2022 and new finance act comes into affect on 1 April 2022 , so it can not be amended as its already expired)
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The Department will compute the period of limitation factoring the Taxation and Other Laws (Relaxation of Certain Provisions) Act, 2020. By that argument, the period of limitation will be within three years. The issue is sub judice before the Hon’ble Supreme Court.



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