SUSANTA PATRA,BHUBANESWAR vs. NATIONAL FACELLESS ASSESSMENT CENTRE (NFAC), DELHI
What did the Tribunal hold?
The Tribunal held that the notice under Section 148 was issued on April 1, 2021, after the law regarding reopening of assessments was amended. Therefore, the notice was not in compliance with the amended law and was invalid.
What were the facts?
The assessee challenged the assessment order, raising an additional ground that the notice under Section 148 was issued beyond the time limit specified in Section 149. The notice was issued on April 1, 2021, which was after the amendment to Section 148 of the Income Tax Act.
What were the issues?
Whether the notice issued under Section 148 of the Income Tax Act was valid when it was issued after the amendment to the section, and if not, whether the consequential assessment order was liable to be quashed.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(1)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- National Thermal Power Co. Ltd. v. CIT5,834 citing229 ITR 383 · 1998 · SC
Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI GEORGE MATHAN & SHRI MANISH AGARWAL
O R D E R Per Bench : This is an appeal filed by the assessee against the order of the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 29.12.2023, in DIN & Order No.ITBA/NFAC/S/250/2023- 24/1059196403(1) for the assessment year 2017-2018.
The assessee has filed an additional ground which reads as under:- Ground No.6. For that, on the facts and circumstance of the case, the Ld.A.O. has erred in law by6 issuing a notice u/s.148 beyond the time limit as specified u/s.149. therefore issue of notice is beyond jurisdiction. Therefore issue of notice u/s.148 is liable to be null and void.
The above additional ground is admitted as it is purely a legal ground in view of the decision of the Hon’ble Supreme Court in the case of National Thermal Power Company Ltd., reported in 229 ITR 383 (SC).
It was submitted by the ld. AR that the AO has mentioned in its assessment order at page 2 para 2 that notice u/s.148 of the Act has been issued on 31.03.2021 and served on the assessee through email. Ld. AR has placed before us the copy of the notice of communication in the assessment for the assessment year 2017-2018, the same is extracted as follows :-
More judgments on Section 148
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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