MOONDHARA COMMERCIAL PRIVATE LIMITED,HOWRAH vs. ITO, WARD 13(1), KOLKATA, KOLKATA

ITA 1772/KOL/2026Status: HeardITAT Kolkata16 September 2026AY 2013-1412 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the notice issued under Section 148 on 27.07.2022 was beyond the limitation period, as per the Supreme Court's decision in Union of India vs. Rajeev Bansal. Therefore, the notice was quashed.

What were the facts?

The assessee filed its return of income for AY 2013-14. The case was reopened based on information about accommodation entries. A notice under Section 148 was issued on 27.07.2022, which the assessee argued was beyond the limitation period.

What were the issues?

Whether the notice issued under Section 148 for reassessment proceedings for AY 2013-14 was barred by limitation, considering the Supreme Court's ruling on the applicability of TOLA and the new regime for reassessment.

Which sections of the Income-tax Act were involved?

Section 148,Section 147,Section 144,Section 148A,Section 149

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “C” BENCH, KOLKATA

For Appellant: Shri Abhishek Bansal, AR
For Respondent: Shri Aditya Bikram, DR
Hearing: 20.08.2026Pronounced: 16.09.2026

Per Rajesh Kumar, AM:

This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 11.03.2026 for the AY 2013-14. 2. In ground no.2 the assessee has challenged the notice issued u/s 148 of the Act and re-assessment proceedings to be barred by limitation in view of the decision of Hon'ble Apex Bansal [2024] 469 ITR 46 (SC), dated 03.10.2024 and therefore, the notice u/s 148 of the Act as well as the assessment framed by the ld. AO are nullity and bad in law. Moondhara Commercial Private Limited; A.Y. 2013-14

3.

The facts in

The order continues below.

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