TARUN KUMAR SARDA,KOLKATA vs. ITO, WARD 44(2), KOLKATA, KOLKATA

ITA 2506/KOL/2026Status: DisposedITAT Kolkata22 September 2026AY 2016-20176 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the notice issued under Section 148 of the Income Tax Act was barred by limitation. Consequently, the reassessment proceedings were quashed, and the other grounds of appeal were not adjudicated.

What were the facts?

The assessee's appeal was filed beyond the limitation period, but the delay was condoned due to the serious illness and subsequent death of the assessee's father. The Assessing Officer made an addition of Rs. 39,92,730/- under Section 69 as unexplained investment, which was confirmed by the CIT(A).

What were the issues?

The primary issue was whether the notice for reassessment under Section 148 was issued within the prescribed limitation period. Another issue concerned the validity of the reassessment proceedings initiated under Section 147.

Which sections of the Income-tax Act were involved?

Section 69,Section 147,Section 143(3),Section 144B,Section 10(38),Section 148,Section 148A(b),Section 149(1),Section 151(ii)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH AT KOLKATA

Before: SHRI YOGESH KUMAR US & SHRI RAKESH MISHRA

For Appellant: CA. प्रत्यर्थी के ओर से/

PER RAKESH MISHRA, ACCOUNTANT MEMBER:

This appeal filed by the assessee is against the order of the Commissioner of Income Tax (Appeals)-NFAC, Delhi [Ld. 'CIT(A)'] passed u/s 250 of the Income Tax Act, 1961 [the 'Act'] for AY 2016-17 dated 08.04.2026. 1.1 The Registry has informed that the appeal is barred by limitation by 15 days. The assessee has filed an affidavit along with a petition for ITA No(s).

The order continues below.

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