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November 2024

Reassessment — Notice — New procedure — Limitation — Bar of limitation — Prescription of new procedure governing initiation of reassessment proceedings from 01-04-2021 — Notice issued beyond the period of limitation of six years in pre-amended provision unsustainable — Order and consequential notice set aside.

By Keshav Bhujle | Ritu Punjabi, Advocates
Reading Time 3 mins

55. Manju Somani vs. ITO

[2024] 466 ITR 758 (Del.)

A. Y. 2016–17: Date of order 23rd July, 2024

Ss. 147, 148 and 148A(d) of ITA 1961

Reassessment — Notice — New procedure — Limitation — Bar of limitation — Prescription of new procedure governing initiation of reassessment proceedings from 01-04-2021 — Notice issued beyond the period of limitation of six years in pre-amended provision unsustainable — Order and consequential notice set aside.

On a writ petition challenging the validity of the reassessment proceedings u/s. 147 of the A. Y. 2016–17, on the statutory prescription of limitation u/s. 149 (as amended by the Finance Act, 2021) by issuance of notice dated 29th April, 2024 u/s. 148, pursuant to the Supreme Court decision in UOI vs. Ashish Agarwal [2022] 444 ITR 1 (SC); the Delhi High Court held as under:

“i) The proviso to section 149 of the Inc

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