Reassessment proceedings were initiated \u00a0by issuing notice on 15-3-2016 by Assessing Officer. Assessee filed writ petition on ground that on 13-04-2016, for first time, he was served with notice under section 148(1) through his Chartered Accountant and, thus, no notice was issued within period of limitation as prescribed under section 149(1)(b) read with section 148(1) and, therefore, initiation of proceeding for reassessment was barred by limitation.Single Judge allowed writ petition holding that no notice was served to assessee under section 148(1) and service of notice to Chartered Accountant was not service at all. \u00a0High Court held that had it been a case of revenue that notice was served upon assessee before 31-03-2016, then why they have again issued notice through Chartered Accountant on 13-04-2016 was not understood and, therefore, notice under section 148 issued on 13-04-2016 was after period of limitation, i.e., dated 31-03-2016. The notice was quashed. Revenue filed SLP which was delay of 327 days. \u00a0Court held that explanation rendered for said delay was not satisfactory,hence\u00a0 SLP was \u00a0dismissed on ground of delay and laches. \u00a0(AY. 2009-10)<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 148 : Reassessment-Notice-Notice through his Chartered Accountant-No notice was issued within period of limitation-Service of notice to Chartered Accountant was not valid service of notice-High Court quashed the reassessment notice-SLP delay of 327 days-Explanation rendered for delay was not satisfactory, SLP was dismissed on ground of delay and laches. [S. 149(1)(b), Art. 136] <\/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-59302","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-fqu","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/59302","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=59302"}],"version-history":[{"count":1,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/59302\/revisions"}],"predecessor-version":[{"id":59303,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/59302\/revisions\/59303"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=59302"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=59302"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=59302"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}