| Question And Answer | |
|---|---|
| Subject: | Reassment for AY 2015-16 |
| Category: | Income-Tax |
| Querist: | Riya |
| Answered by: | Dr .K. Shivaram Senior Advocate |
| Tags: | Notice, Reassessment |
| Date: | April 1, 2022 |
The Honable Courts of various States has quashed the Notice issued under Section 148 after the 31.03.2021. My question is once notice issued and quashed by the Honable Court (irrespective of income involved), can Income Tax Authorities issued the Notice under 148a on same issue after 31.03.2022. If so does it voilate the Fundament Right 20 which protect against the double jeapardi
Tax Authorities can issue the fresh notice as per section 148A of the Act , by following the due process of law, if limitation period is not over. High Courts have quashed the notice issued under section 148 , only on the ground that provisions of section 148A of the Act are not complied with . There is no violation of fundamental rights . Under the Act , there is no bar for reopening of the assessment more than once . However each time the revenue has to satisfy the requirement of law . Refer New Delhi Television Ltd v. DCIT ( 2020) 424 ITR 607 ( SC)
The quashing of notice and allowing of 148A procedure is a setback which assessee and advisors both understanding though a bit slowly.The euphoria is gone all together.
The assessee can make out from the pre 31st march 2021 notice assessment orders received in MARCH 2022 that they are at disadvantage in new regime.Since common issues are involved and which they won in HC and was made to think as PANACEA has all evaporated.