OSSIAN CORPORATION Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition has been filed by the petitioner- assessee for quashing the impugned show cause notice/ order dtd. 27/9/2023 (Annexure-7) issued by the respondent No.2 and to restrain the respondents from taking any proceedings pursuant to the impugned notice/order.

(2.) The brief facts of the case are that the respondent Assessing Officer issued a notice dtd. 20/3/2020 under Sec. 148 of the Income Tax Act (for short "the Act") to the petitioner for the Assessment Year 2013-14. The petitioner challenged the said notice dtd. 20/3/2020 before this Court by filing writ petition which was registered as D.B.Civil Writ Petition No.3479/2021, wherein by an interim order dtd. 24/2/2021 this Court stayed further proceedings pursuant to the notice dtd. 20/3/2020. However, the aforesaid writ petition was dismissed by this Court vide order dtd. 13/3/2023 in absence of the counsel for the petitioner.

(3.) It is averred on behalf of the petitioner that as per the provisions of Sec. 153 of the Act, the limitation for passing the reassessment order after the dismissal of the Writ Petition No.3479/2021 had already expired on 12/5/2023. However, the respondent No.2 issued an intimation letter on 26/7/2023 in relation to the reassessment proceedings for the A.Y. 2013-14, which was replied by the petitioner on 30/7/2023 submitting therein that the said notice is barred by limitation.