Held that\u00a0\u00a0 the issue raised by the assessee in the additional grounds was a legal issue challenging the validity of notice under section\u00a0148\u00a0of the Act even when the Assessing Officer had the time to issue notice under section\u00a0143(2)\u00a0for conducting regular assessment. The additional grounds were directly connected with the validity of reassessment proceedings and no new facts needed to be investigated for adjudicating them. The additional grounds raised by the assessee in both the years under consideration was admitted. That the assessee had not filed its original return under section\u00a0139\u00a0of the Act. However on receipt of the notice under section\u00a0142(1), the assessee filed the return of income on December 2, 2016 for both years. Under such circumstances, according to the law during the relevant years, the Assessing Officer had six months from the end of the financial year in which such return was filed to issue notice under section\u00a0143(2)\u00a0of the Act. In this case he had time to issue notice under section\u00a0143(2)\u00a0till September 30, 2017 to conduct regular assessment under section\u00a0143(3)\u00a0of the Act. However, notice under section\u00a0148\u00a0of the Act was issued to the assessee for both assessment years on June 22, 2017. As on the date of the issuance of notice under section\u00a0148\u00a0of the Act the original assessment proceedings were pending as the time period for issuance of notice under section\u00a0143(2)\u00a0had not expired. Section\u00a0142(1)\u00a0and section\u00a0148\u00a0of the Act cannot operate simultaneously. There was no need for the Assessing Officer to issue notice under section\u00a0148\u00a0as there was time to issue notice under section\u00a0143(2)\u00a0of the Act for conducting the assessment under section\u00a0143(3)\u00a0of the Act. Accordingly, the notice under section\u00a0148\u00a0by the Assessing Officer for both the assessment years is\u00a0 quashed.(AY.2014-15, 2015-16)<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 148 : Reassessment-Notice-Additional ground-Legal issue-Time for issue notice under Section 143(2) against original return had not lapsed-Reassessment notice is bad in law-Limitation-Time-limit to be reckoned from date of return whether filed under Section 139(1) or 139(5) or in response to notice under section 142(1). [S. 139(1),139(2),139(5), 142(1), 143(2) 147] <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-50383","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-d6D","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/50383","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=50383"}],"version-history":[{"count":1,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/50383\/revisions"}],"predecessor-version":[{"id":50384,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/50383\/revisions\/50384"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=50383"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=50383"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=50383"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}