Amol Ramrao Dahaleversusthe Principal Chief Commissioner, Income Taxand Another v. Ghuge &R.m. Joshi, Jj

*1* 906y 10059o22 IN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD WRIT PETITION NO.10059 OF 2022 AMOL RAMRAO DAHALEVERSUSTHE PRINCIPAL CHIEF COMMISSIONER, INCOME TAXAND ANOTHER. … Shri Raviraj R. Chandak, Advocate for the Petitioner.Shri Alok Sharma, Advocate for the Respondents/ ITDepartment. ... CORAM : RAVINDRA V. GHUGE &R.M. JOSHI, JJ. DATE :- 01[st] March, 2024 Per Court :- 1.The Petitioner has put forth prayer clauses C and D as under:- “C)By issuing appropriate writ or direction like innature the impugned notice dated 30.05.2022 u/Section 148-A(b) of Income Tax Act and orderdated 29.07.2022 passed u/Section 148A(d) ofIncome Tax Act and consequential notice dated29.07.2022 issued u/sec. 148 of the Income TaxAct, for the assessment year 2017-2018 maykindly quash and set aside.nature the impugned notice dated 30.05.2022 u/Section 148-A(b) of Income Tax Act and orderdated 29.07.2022 passed u/Section 148A(d) ofIncome Tax Act and consequential notice dated29.07.2022 issued u/sec. 148 of the Income TaxAct, for the assessment year 2017-2018 maykindly quash and set aside. D)To hold and declare that show cause noticedated 30.05.2022 U/Section 148-A(b) andimpugned notice dated 29.07.2022 issuedU/Section 148 of Income Tax Act is timedated 30.05.2022 U/Section 148-A(b) andimpugned notice dated 29.07.2022 issuedU/Section 148 of Income Tax Act is time *2* 906y 10059o22 barred in view of Section 149 (1)(b) of IncomeTax Act, 1961 and therefore, initiation ofreopening proceeding for the assessment year2017-18 is without jurisdiction.” 2.The only issue raised in this Petition is as regards the escaped assessment of an amount, which is less thanRs.50,00,000/- (Fifty Lakh). As regards the issuance of a noticefor reassessment or re-computation under Section 147 of theIncome Tax Act, 1961, the notice was issued under Section 148of the Income Tax Act, 1961. 3.The Petitioner had filed the income tax returns forthe Assessment Year 2017-2018. Hence, the grievance of thePetitioner is that the notice under Section 148 cannot be issued inthe light of Section 149(1)(b) of the Income Tax Act, 1961, withreference to the escaped assessment, if the notice is issuedbeyond three years of the Assessment Year and if the amount isless than Rs.50,00,000/- (Fifty Lakhs). A notice in peculiarcircumstances could be issued even within ten years, providedthe escaped income has to be more than Rs.50,00,000/- (FiftyLakhs). 4.This issue is no longer res-integra and as theDepartment, despite the vehement submissions of the learned *3* 906y 10059o22 Advocate Shri Sharma, is unable to indicate from the record thatthe impugned notice was issued within three years and that theamount of escaped assessment was more than Rs.50,00,000/-.5.The Writ Petition is allowed in terms of prayerClause ‘C’. kps(R.M. JOSHI, J. ) ( RAVINDRA V. GHUGE, J. )