High Court of Gujarat · Judgments and reasoned final orders
Nilesh Amarshibhai Rajapara v. Income Tax Officer, Ward 1, Morbi & Anr.
R/Special Civil Application No. 5373 of 2023 ·
Reassessment limitation for AY 2015-16 under section 148 read with TOLA: post-31.03.2021 notice issued on 16.06.2021 and consequential section 148A(d)/148 notices quashed following Rajeev Bansal (para 19(f)) and Deepak Steel and Power Ltd.
1. FACTS OF THE CASE
For AY 2015-16, the Assessing Officer issued a notice under section 148 on 16.06.2021 relying on TOLA, followed by a section 148A(b) notice on 19.05.2022 pursuant to Ashish Agarwal, and thereafter issued a fresh reassessment notice under section 148 in July/August 2022.
2. DISCUSSION BY THE COURT
Following Union of India v. Rajeev Bansal ((2024) 469 ITR 46 (SC), para 19(f)) and Deepak Steel and Power Ltd. v. CBDT ([2025] 174 taxmann.com 144 (SC)), the Division Bench held that the Revenue's concession before the Supreme Court required all notices issued on or after 01.04.2021 for AY 2015-16 relying on TOLA to be quashed.
3. JUDICIAL DECISION
Allowing Special Civil Application No. 5373 of 2023, the High Court quashed and set aside the post-31.03.2021 TOLA notice and consequential section 148 notice for AY 2015-16.
4. OUTCOME
Assessee - Petition allowed; impugned section 148 notice dated 16.06.2021 and consequential reassessment notices for AY 2015-16 quashed.
5. AKHB REVIEW POINT
AKHB analysis: verify that original section 148 notice for AY 2015-16 was issued after 31.03.2021; all such TOLA-extended notices stand covered by the Revenue concession recorded in Rajeev Bansal para 19(f).
Source: AKHB analysis based on Paragraphs 7-11; PDF pp. 4-12
Source and verification
13-page official High Court of Gujarat judgment PDF (20250915_GJHC240193972023.pdf).
Original PDF: 13 pages · SHA-256: 15bd6f13c4d1a8b68bed5bc953b2b1a1e900f5d688345c1e003923a9e2ad8f5d
Supplied source-reviewed note retained; original bytes and identity validation checked in this release. Substantive re-review is not claimed for this record.
Applies sections 148, 148A and 149 of the Income-tax Act, 1961 read with TOLA for AY 2015-16. Income-tax Act, 2025 equivalence is not verified.
Full primary judgment PDF read page-by-page and verified against the AKHB Google Drive repository. Comprehensive subsequent judicial treatment has not been independently verified.
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AI-assisted source review. Independent human approval is not represented.
General research only. Read the complete judgment and verify applicable law and subsequent treatment before reliance.