Ajay Bhandari vs. Union of India (Allahabad High Court)

Court: Allahabad High Court
Head Notes:

Reassessment — Reopening of assessment — Reopening notice issued under unammended provisions — Reliefs sought in petition is to q uash impugned notice u/s 148 — Held, as per Clauses 6.2 and 7.1 of Board’s Circular dated 11.05.2022, if a case does not fall under Clause (b) of sub-Section (i) of Section 149 for Assessment Years 2013-14, 2014-15 and 2015-16 (where income of an assessee escaping assessment to tax is less than Rs.50,00,000/-) and notice has not been issued within limitation under unamended provisions of Section 149, then proceedings under amended provisions cannot be initiated — For all reasons aforestated, impugned notice under Section 148 issued on 01.04.2021 for Assessment Year 2014-15 and impugned notice dated 13.01.2022 under Section 144 and reassessment order dated 13.01.2022 under Section 147 read with Section 144B passed by respondent No.4 are hereby quashed — Assessee’s petition allowed.

Section(s): 147,144,148,149,142(1)
Counsel(s): Ankur Agrawal
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Uploaded By CA Milind Wadhwani DISA, FAFD(Cert.), CCCA(Cert.),Research (Phd.) Scholar Mob. 9826273333*
Date of upload: June 14, 2022

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