R V COMMODITIES PRIVATE LIMITED,DELHI vs. ACIT CENTRAL CIRCLE-25, DELHI
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
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”).
Heard both the parties at length. Case file perused.
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.
2
going by Union of India Vs. Rajeev Bansal [2024] 167
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.
All other pleadings on merits stand rendered academic.
This assessee’s appeal is allowed. Order Pronounced in the Open Court on 21/07/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 21/07/2025
*Subodh Kumar, Sr. PS*