Delhi HC Stays Time Barred Notice Issued u/s 148 of Income Tax Act [Read Order]

The Delhi High Court in a recent case, stayed the time-barred notice issued under section 148 of the Income Tax Act, 1961. Filatex India Ltd, the petitioner challenged the Assessment order and notice issued under the Income Tax Act, 1961. The scrutiny assessment order under Section 143(3) of the Income Tax Act, 1961 [“Act”] was passed on 16.03.2015. The record also shows that a search action under Section 132 of the Act was conducted on 01.09.2021.

The petitioner had been issued a notice dated 13.03.2023, under Section 148 of the Act. The petitioner contended that the notice is time-barred.

Mr Vohra relied upon the judgment, passed by the Madurai Bench of the Madras High Court titled A.R. Safiullah vs. The Assistant Commissioner of Income Tax. It was also pointed out that this issue is also being considered in Alankit Insurance TPA Limited vs.

Dy. Commissioner of Income Tax Circle 28, Delhi. Mr Kunal Sharma, senior standing counsel, who appeared on behalf of respondent/revenue, accepted notice. A division bench of Justice Rajiv Shakdher and Justice Girish Kathpalia directed to list the matter on 17.10.2023 and there shall be a stay on the operation of the impugned notice dated 13.03.2023, till further directions of the court.

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