Facts of
the Case
- The
petitions concerned Assessment Years 2016-17 and 2017-18.
- The
Revenue issued reassessment notices under Section 148 alleging
escaped income.
- In
all cases, the alleged escaped income was below ₹50 lakhs.
- The
notices were issued after 01.04.2021, i.e., after the new
reassessment regime under Finance Act 2021 came into force.
- Petitioners
challenged:
- Notices
under Section 148
- Orders
under Section 148A(d)
- CBDT Instruction dated 11.05.2022
Issues
Involved
- Whether
reassessment notices issued under Section 148 after 01.04.2021 are barred
by limitation under Section 149(1)(a)?
- Whether
Revenue can invoke extended limitation under Section 149(1)(b) when
escaped income is below ₹50 lakhs?
- Whether
TOLA, CBDT Instruction, and Supreme Court ruling in Ashish Agarwal case
allow “travel back in time” for limitation?
- Whether reassessment notices issued post Finance Act 2021 must comply with the new regime?
Petitioner’s Arguments
- Limitation
expired under Section 149(1)(a) (3 years).
- Since
escaped income was below ₹50 lakhs, extended period under Section
149(1)(b) was not applicable.
- TOLA
and CBDT Instruction cannot override statutory limitation.
- The
“travel back in time” theory is unsupported in law.
- Supreme
Court in Ashish Agarwal only converted notices procedurally, not
limitation-wise.
- Finance Act 2021 substituted provisions; hence new law applies strictly
Respondent’s Arguments (Revenue)
- Notices
are valid based on:
- Union
of India vs Ashish Agarwal
- TOLA
- CBDT
Instruction dated 11.05.2022
- Limitation
stands extended till 30.06.2021.
- Notices
issued earlier should be treated as valid under new regime.
- Time
exclusion under provisos to Section 149 applies.
- Supreme Court directions under Article 142 validate reassessment actions.
Court Findings / Analysis
- The
Court examined:
- Interplay
between old and new reassessment regimes
- Effect
of Finance Act 2021 substitution
- Scope
of TOLA and CBDT instructions
- It
emphasized:
- Substitution
of law means old provisions cease to exist
- New
Section 149 must govern all notices issued after 01.04.2021
- The
Court rejected:
- The
“travel back in time” theory
- Over-reliance
on CBDT Instructions
- It
clarified:
- Supreme Court in Ashish Agarwal did not extend limitation
Court Order / Decision
- Reassessment
notices issued beyond limitation period were held unsustainable
in law.
- Revenue
cannot invoke extended limitation unless ₹50 lakh threshold is
satisfied.
- Notices issued post 01.04.2021 must strictly comply with amended provisions
Important Clarifications
- CBDT
Instructions cannot override statute.
- TOLA
does not extend limitation under new Section 149.
- “Travel
back in time” doctrine is legally invalid.
- New reassessment regime applies retrospectively to notices issued after 01.04.2021.
Link to download the order -https://delhihighcourt.nic.in/app/showFileJudgment/RAS10112023CW115272022_212005.pdf
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