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Bombay High Court

SURJIT BHOJSINGH AILSINGHANIversusASSISTANT COMMISSIONER OF INCOME TAX CIRCLE 27(3) AND ORS

Decided
Disposal
Rule Made Absolute

Holding

The order reviving the assessment under Section 148 was invalid because the sanction was obtained under Section 151(i) after the statutory deadline, and therefore the notice must be quashed.

Summary

The petitioner, an individual taxpayer, challenged the revival of his Assessment Year 2016-17 assessment by the Income Tax Department under Section 148 of the Income-tax Act, 1961. The department had obtained sanction for the reassessment from the Principal Commissioner under Section 151(i) after the three‑year limitation period had expired, despite the Supreme Court’s clarification that such sanction should have been obtained under Section 151(ii) when the limitation expired between 20 March 2020 and 31 March 2021. The High Court examined the applicability of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA) and held that the sanction under Section 151(i) was invalid as it extended beyond 30 June 2021. Consequently, the notice issued under Section 148 on 29 July 2022 was beyond the permissible period and the department lacked jurisdiction to revive the assessment. The Court quashed and set aside the impugned order dated 13 January 2026 and allowed the writ petition. No costs were awarded.

Issues considered

  • Whether the sanction obtained under Section 151(i) of the Income‑tax Act was valid for reviving assessment for AY 2016‑17 after the three‑year limitation period expired.
  • Whether the provisions of TOLA 2020 extend the sanction period beyond 30 June 2021 for assessments whose limitation expired between 20 March 2020 and 31 March 2021.
  • Whether the notice issued under Section 148 on 29 July 2022 was issued within the permissible time and thus valid.

Legislation cited

Subjects

  • Income Tax
  • Section 148
  • Section 151
  • Reassessment
  • TOLA
  • Writ Petition
  • Jurisdiction
  • Quash Order

Judgment

2026:BHC-AS:36258-DB


                                                                     2-WP-5849-2026.doc



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION

                                 WRIT PETITION NO. 5849 OF 2026

            Surjit Bhojsingh Ailsinghani                               .. Petitioner

                    Versus

            Assistant Commissioner of Income Tax,
            Circle 27(3), Mumbai and Ors.                              .. Respondents

                 Adv. Vasudev Ginde, with Adv. Kumar Kale, for the Petitioner.

                 Adv. Arjun Gupta, for the Respondent/Revenue.



                                  CORAM: B. P. COLABAWALLA &
                                              FARHAN P. DUBASH, JJ.
                                  DATE:       SEPTEMBER 1, 2026

            P. C.

            1.              Rule. Respondents waive service. With the consent of the parties,

            Rule is made returnable forthwith and heard finally.



            2.              The present Writ Petition challenges the impugned order dated

            13th January 2026 passed by Respondent No.1 disposing of the objections

            whereby the notice dated 29th July 2022 issued under Section 148 of the

            Income-tax Act, 1961 (for short “the IT Act”) has been revived pursuant to

            the Order dated 6th October 2025 passed by the Hon’ble Supreme Court in

            Assistant Commissioner of Income Tax, Circle 27(3), Mumbai &
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Ors vs. Surjit Bhojsingh Ailsinghani [Special Leave Petition (SLP)

No. 28634/2025].



3.                 Briefly stated, the relevant facts of the case are as under:


                 i. The Petitioner is an Individual who is regularly assessed to tax.

                   For the Assessment Year (A.Y.) 2016-17, the Petitioner filed his

                   Return of Income on 17th October 2016, declaring a total

                   income of Rs.2,58,35,670/-. This Return of Income was picked

                   up for scrutiny assessment under Section 143(3) of the IT Act,

                   and an Assessment Order was passed on 22nd December 2018,

                   determining his total income of Rs.3,51,66,670/-. The Petitioner

                   has preferred an appeal against this order, which is stated to be

                   pending.



                ii. Subsequently, Respondent No.1 issued a notice dated 29th June

                   2021 under the pre-existing Section 148 of the IT Act, reopening

                   the Petitioner’s assessment for A.Y. 2016-17.



                iii. While the assessment proceedings under Section 147 of the IT

                   Act initiated by virtue of the aforesaid notice were pending, the

                   Hon’ble Supreme Court in Union of India V/s Ashish
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                   Agarwal [(2022) 138 taxmann.com 64 (SC)] directed

                   that all notices under Section 148 of the IT Act issued after 31st

                   March 2021 under the pre-existing regime be treated as notices

                   under Section 148A(b) of the IT Act and further directed the

                   Revenue Officers to furnish the relevant material to the

                   assessees and follow the procedure as per Section 148A of the IT

                   Act.



                iv. Accordingly, Respondent No.1 issued a letter dated 20th May

                   2022 to the Petitioner asking the Petitioner to submit his reply

                   within two weeks. The Petitioner furnished his detailed reply

                   dated 23rd May 2022 on 3rd June 2022, requesting Respondent

                   No.1 not to issue any notice under Section 148. Rejecting the

                   Petitioner’s submissions, Respondent No.1 passed an order

                   under Section 148A(d) of the IT Act on 29th July 2022, after

                   obtaining prior approval under Section 151(i) of the IT Act of

                   Respondent No.2, i.e. the Principal Commissioner of Income

                   Tax - 27, Mumbai. A notice dated 29th July 2022 was also

                   issued by Respondent No.1 under Section 148 of the IT Act.




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                v. The Petitioner challenged the aforesaid order under Section

                  148A(d) of the IT Act as well as the notice under Section 148 of

                  the IT Act in Writ Petition (Stamp) No. 17167 of 2023 filed

                  before this Court. This Writ Petition was disposed of by a

                  consolidated Order dated 17th October 2023 along with other

                  Writ Petitions, wherein, following the judgment of this Court in

                  Siemens     Financial     Services     Private     Limited      V/s

                  Deputy Commissioner of Income Tax and Others [Writ

                  Petition No. 4888 of 2022, dated 25th August 2023],

                  this Court quashed the notices issued under Section 148 of the

                  IT Act and all consequential notices/demand, on the ground

                  that sanction given under Section 151(i) of the IT Act for

                  issuance of the said notice under Section 148 was invalid

                  because the sanction should have been obtained under Section

                  151(ii) of the IT Act since the period of three years from the end

                  of the Assessment Year 2016-17 had already expired. In this

                  case, this Court held that the provisions of the Taxation and

                  Other Laws (Relaxation and Amendment of Certain Provisions)

                  Act, 2020 (for short “TOLA”) were not applicable for the grant

                  of sanction under Section 151 of the IT Act for A.Y. 2016-17.



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                vi. Being aggrieved, Respondent No.1 filed a Special Leave Petition

                   [SLP (C) No. 28634/2025] against this Court’s aforesaid Order

                   dated 17th October 2023 before the Hon’ble Supreme Court.

                   The Hon’ble Supreme Court, vide Order dated 6th October

                   2025, directed Respondent No.1 to dispose of the objections in

                   terms of law laid down by it in the case of Union of India vs.

                   Rajeev Bansal [Civil Appeal No.8629/2024 & Ors.].



            vii. Thereafter, Respondent No.1 passed the impugned order dated

                   13th January 2026 rejecting the Petitioner’s objections, and

                   revived the notice dated 29th July 2022 issued under Section

                   148 of the IT Act.



           viii. Petitioner is aggrieved by the aforesaid order passed by the

                   Respondent No.1. Hence, this Writ Petition.



4.                 Before us, the learned Counsel appearing for the Petitioner,

submitted that Respondent No.1 has misread the judgment in Union of India

V/s Rajeev Bansal (supra) inasmuch as he did not appreciate that the

specified authority referred to under Section 151(i) could have granted

sanction for A.Y. 2016-17 only up to 30th June 2021, even after considering

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the extension granted by TOLA. In the Petitioner’s case, however, the order

under Section 148A(d) of the IT Act was passed on 29th July 2022, and also

the notice under Section 148 of the IT Act was issued on 29th July 2022.

Therefore, a sanction under Section 151(ii) of the IT Act was necessary.

However, in the Petitioner’s case, a sanction was obtained from the Principal

Commissioner of Income Tax under Section 151(i) of the IT Act, which is not

valid. In support of this contention, the learned Counsel relied upon the

judgment of this Court in Memon Chamber of Commerce vs. Income

Tax Officer Exemption Ward, 2(1), Mumbai and Ors [Writ

Petition (L) No. 36619 OF 2025 decided on 9th December 2025],

wherein a similar issue was decided in favour of the Assessee following this

Court’s judgment in Ramesh Bachulal Mehta V/s. Income Tax

Officer [(2025) 177 taxmann.com 606 (Bombay)].



5.              The   Counsel     for   the   Petitioner   further   submitted    that

Respondent No.1 erred in holding that the notice under Section 148 of the IT

Act dated 29th July 2022 was issued within the surviving time of 73 days

(period from 19th April 2021 to 30th June 2021) from 10th June 2022 as

discussed in paragraph 111 of the judgment in Union of India V/s Rajeev

Bansal (supra), which, according to Respondent No. 1, expired on 31st

August 2022. Without going into the legality of the Respondent No.1’s stand

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justifying sanction obtained under Section 151(i) on this basis, the Counsel

for the Petitioner submitted that for the sake of argument, even if one

assumes that the surviving time is applicable for the purpose of grant of

sanction under Section 151, yet Respondent No.1 erred in computing the said

period inasmuch as Respondent No.1 wrongly took the date of issuance of

notice under Section 148 [which is deemed to be the notice under Section

148A(b) as per Union of India V/s Ashish Agarwal (supra)] as 19th April

2021 instead of the correct date of 29th June 2021, and therefore, the said

period would stand reduced to 2 days instead of 73 days. Thus, even if one

were to adopt the reasoning of Respondent No.1, then the surviving period

would expire on 5th June 2022, (i.e., 2 days after the date on which the

Petitioner filed reply on 3rd June 2022), and not on 31st August 2022 as

claimed by Respondent No.1. in the impugned order. Thus, even by the

Respondent No.1’s own stand, the notice under Section 148 dated 29th July

2022 was issued beyond three years after obtaining sanction under Section

151(i), which is invalid.



6.              Mr. Arjun Gupta, learned Counsel for the Revenue, supported

the impugned order.



7.              We have heard the learned Counsel for the parties.

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8.              In the present case, the period of three years from the end of the

Assessment Year 2016-17 fell for completion on 31st March 2020. We,

therefore, find that the present case is covered by the judgment of this Court

in Ramesh Bachulal Mehta (supra), wherein it was held thus:

                   “9. In the present case the period of three years from
                   the end of the Assessment Year 2016-17 fell for
                   completion on 31st March 2020. Since the expiry date
                   fell during the time period of 20th March 2020 and 31st
                   March 2021 contemplated under Section 3(1) of
                   Taxation and Other Laws (Relaxation and Amendment
                   of Certain Provisions) Act, 2020 (for short "TOLA"), the
                   authority specified under Section 151(i) of the new
                   regime could have granted sanction till 30th June 2021.
                   On perusal of the order, dated 13.07.2022, passed
                   under Section 148A(d) of the Act, we find that the
                   aforesaid order was passed after taking approval from
                   Principal Commissioner of Income Tax (Respondent
                   No.2). Since the aforesaid order was passed after the
                   expiry of three years from the end of the Assessment
                   Year 2016-17, as per the substituted provisions of re-
                   assessment, the authority specified under Section 151(ii)
                   of the Act (i.e. Principal Chief Commissioner or Chief
                   Commissioner) was required to grant approval.
                   Accordingly, we conclude that in the present case the
                   approval has been obtained from the authority
                   specified under Section 151(i) of the new regime instead
                   of the authority specified under Section 151(ii) of the
                   new regime.

                   10. The Hon'ble Supreme Court in the above case has
                   drawn an illustration in paragraph 78 of it's order in
                   the context of Assessment Year 2017-18, wherein it is
                   categorically held that the authority specified under
                   Section 151(i) can accord sanction only upto
                   30.06.2021. This illustration makes it absolutely clear
                   that when the period of three years from end of
                   relevant Assessment Year expired between 20.03.2020
                   and 31.03.2021, the extension by virtue of TOLA was
                   upto 30.06.2021 and not beyond. Thus, it can be said
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                   that the period of three years from the end of the
                   relevant Assessment Year (here AY 2016-17) expired on
                   30.06.2021, whereas the Respondent No.1, despite
                   passing the order on 13.07.2022 in respect of
                   Assessment Year 2016-17, has obtained approval of
                   Respondent No.2 who is not the authority as prescribed
                   under Section 151(ii).

                   11. Non-compliance by Respondent No.1 with the
                   provisions contained in Section 148A(d) read with
                   Section 151(ii) vitiates the jurisdiction of the Respondent
                   No. 1 to issue a notice under Section 148 of the Act.

                   12. We are clearly of the view that the present matter
                   stands covered by the decision of Hon'ble Supreme
                   Court in the case of UPI v. Rajeev Bansal (supra). We
                   accordingly hold that the order dated 13.07.2022
                   passed under Section 148A(d) of the Act and the
                   consequential notice issued under Section 148 dated
                   15.07.2022 are bad in law for being violative of the
                   provisions of Section 151(ii) of the Act. Hence they are
                   required to be quashed and set aside.”


9.              We, therefore, find that the impugned order dated 13th January

2026 passed by Respondent No.1 is, in fact, contrary to what the Hon’ble

Supreme Court held in paragraph 78 of its order in Union of India V/s

Rajeev Bansal (supra). We thus note that even if the order in Siemens

Financial Services Private Limited (supra) stands set aside by the Hon’ble

Supreme Court in Union of India V/s Rajeev Bansal (supra) on the ground

of applicability of the provisions of TOLA to Section 151, yet the sanction

under Section 151(i) of the IT Act obtained by Respondent No.1 in the

Petitioner’s case for the notice dated 29th July 2022 issued under Section 148

is still invalid as it was beyond 30th June 2021. Therefore, we are of the clear

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view that on the facts of the Petitioner’s case, the judgment in Union of India

Vs. Rajeev Bansal (supra) is in favour of the Petitioner on the issue of

sanction under Section 151. Respondent No.1, therefore, lacked jurisdiction to

revive the proceedings under Section 147/148 of the IT Act, which he sought

to do by virtue of the impugned order dated 13th January 2026. Therefore,

the impugned order dated 13th January 2026 is required to be quashed and

set aside.



10.             We, accordingly, quash and set aside the impugned order dated

13th January 2026 passed by Respondent No.1 whereby he revived the

proceedings under Section 148 of the IT Act and commenced assessment

proceedings under Section 147 of the IT Act, and allow this Writ Petition in

terms of Prayer Clause (a), which reads thus:

                   “(a)      that this Hon’ble Court may be pleased to
                   issue a Writ of Certiorari or a Writ in the nature of
                   Certiorari or any other appropriate Writ, Order or
                   direction, calling for the records of the Petitioner’s case
                   and after going into the legality and propriety thereof,
                   to quash and set aside impugned order disposing
                   objections dated 13.01.2026 (“Exhibit – N”).”


11.             Rule is made absolute in the aforesaid terms, and the Writ

Petition is also disposed of in terms thereof. However, there shall be no order

as to costs.



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                      12.             This order will be digitally signed by the Private Secretary/

                      Personal Assistant of this Court. All concerned will act on production by fax

                      or email of a digitally signed copy of this order.



                      [FARHAN P. DUBASH, J.]                           [B. P. COLABAWALLA, J.]




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                      Darshan Patil

Signed by: Darshan Patil
Designation: PA To Honourable Judge
Date: 03/09/2026 18:41:21


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