Mohit Jain v. Assistant Commissioner Of Income Tax, Central Circle 3, Delhi & ANR.

$~77 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 17843/2024 MOHIT JAIN .....Petitioner Through:

Mr. Shaantanu Jain, Mr. Deepanshu Jain, Mr. Manish Yadav and Mr.

Prateek Chaubey, Advocates.

versus ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 3, DELHI & ANR .....Respondents Through:

Mr. Ruchir Bhatia, SSC with Mr.

Anant Mann and Mr. Abhishek Anand, Advocates for R-1.

Mr. Ankur Gupta and Mr. Rishabh Mishra, Advocates for UOI.

CORAM:

HON'BLE THE ACTING CHIEF JUSTICE HON'BLE MR. JUSTICE TUSHAR RAO GEDELA

O R D E R

% 23.12.2024 CM APPL. 75919/2024 1.

Exemption allowed subject to all just exceptions. 2.

The application stands disposed of.

W.P.(C) 17843/2024 & CM APPL. 75918/2024 (Stay) 3.

Issue notice. The learned counsel for the respondents accepts notice. 4.

The petitioner has filed the present petition, inter alia, impugning the notice dated 29.08.2024 issued under Section 148 (hereafter the impugned notice) of the Income Tax Act, 1961 (hereafter the Act) seeking to reopen the assessment in respect of the assessment year (AY) 2015-16. 5.

The petitioner's case is that the impugned notice has been issued The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 12:11:05

beyond the period of the limitation.

6.

Concededly, the issue involved in the present case is covered by the earlier decision of this court in Dinesh Jindal v. Assistant Commissioner of DHC:4554-DB as well as the decision in the case of The Pr. Commissioner 2024:DHC: 2629-DB and KAD Housing Private Limited v. Deputy 2024:DHC:8214-DB.

7.

In terms of the aforesaid decisions, the period of ten years is required to be reckoned from the end of the AY, which is relevant to the previous year in which the notice under Section 148 of the Act has been issued. 8.

The learned counsel appearing for the Revenue concurs with the aforesaid proposition.

9.

In view of the above, the present petition is allowed. The impugned notice is set aside as being barred by limitation. 10.

The petition is disposed of in the aforesaid terms. Pending applications also stand disposed of.

VIBHU BAKHRU, ACJ TUSHAR RAO GEDELA, J DECEMBER 23, 2024/ yrj Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/12/2024 at 12:11:05