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| The Tax Publishers2020 TaxPub(DT) 3805 (Mad-HC) : (2020) 317 CTR 0543 : (2020) 275 TAXMAN 0025 INCOME TAX ACT, 1961
Section 148
Section 148 notice for assessment year 1997-98 was issued by AO on 22-12-2005, i.e., after amendment by Finance Act, 2001 with effect from 1-6-2001 and limitation provided under section 149(b)(iii) and law applicable as on date prescribed the limitation of four years, but not more than six years. Thus, notice issued on or after 31-3-2004 suffered from lack of jurisdiction as it was clearly hit by limitation prescribed under Statute.
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Reassessment - Notice under section 148 - Bar of limitation -
AO issued notice under section 148 dt. 22-12-2005 for the concerned assessment year 1997-98. Assessee challenged the notice as barred by limitation. Held: Admittedly, notice under section 148 was issued by AO on 22-12-2005 i.e. after amendment by Finance Act, 2001 with effect from 1-6-2001 and limitation provided under section 149(b)(iii) and law applicable as on date prescribed the limitation of four years, but not more than six years. Thus, notice issued on or after 31-3-2004 suffered from lack of jurisdiction as it was clearly hit by limitation prescribed under Statute.
REFERRED :
FAVOUR : in assessee's favour
A.Y. : 1997-98
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