R V COMMODITIES PRIVATE LIMITED,DELHI vs. ACIT CENTRAL CIRCLE-25, DELHI

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ITA 2365/DEL/2025Status: DisposedITAT Delhi21 July 2025AY 2016-2017Bench: Sh. Satbeer Singh Godara (Judicial Member)1 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that based on recent Supreme Court and High Court decisions, the new scheme under section 148 was applicable to the assessee's case. Therefore, the assessment framed under the old scheme was considered invalid and a non-est in the eyes of law.

What were the facts?

The assessee's appeal arises from an order in proceedings under section 147 of the Income Tax Act, 1961. The assessee's primary argument challenged the validity of the assessment order, arguing that the old scheme under section 148 was incorrectly applied instead of the new scheme.

What were the issues?

Whether the assessment framed under the old scheme of Section 148 of the Income Tax Act, 1961, is valid when the new scheme was applicable to the case.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 143(3)

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI

Before: Sh. Satbeer Singh Godara

Hearing: 21.07.2025Pronounced: 21.07.2025

ORDER This assessee’s appeal for Assessment Year 2014-15, arises against the CIT(A)-25, Delhi’s DIN & order No. ITBA/APL/S/250/2024-25/1072578016(1) dated 27.01.2025, in proceedings u/s 147 of the Income Tax Act, 1961 (in short “the Act”).

2.

Heard both the parties at length. Case file perused.

3.

It transpires during the course of hearing that the assessee’s first and foremost argument is a legal one challenging validity of the impugned assessment dated 08.02.2022 itself in furtherance to the Assessing Officer’s section 148 notice dated 31.03.2021 which stood issued on 01.04.2021 (pages 45-46 in the case file). This being the clinching factual position, the Revenue could not dispute that R V Commodities Pvt. Ltd. going by Union of India Vs. Rajeev Bansal [2024] 167 taxmann.com 70 (SC) and Rajesh Chopra Vs. ITO WP(C) No. 12561/2022 dated 28.05.2025, it is not the old scheme u/s 148 but the new one which would be applicable in the assessee’s case in these facts and circumstances; and, therefore, the impugned assessment framed under the former is a non-est one in the eyes of law. I accordingly quash the impugned assessment framed in the assessee’s case in very terms.

4.

All other pleadings on merits stand rendered academic.

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