PANKAJ KUMAR BAHETI,HYDERABAD vs. ITO, WARD -7(1), HYDERABAD

ITA 1564/HYD/2026Status: DisposedITAT Hyderabad16 September 2026AY 2013-1410 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the reassessment was completed without issuing the mandatory notice under section 143(2) of the Act, rendering it without jurisdiction. Therefore, the assessment order was quashed.

What were the facts?

The assessee claimed exemption under section 10(38) for long-term capital gains from share sales. The Assessing Officer denied this exemption and added the sale consideration to the assessee's income. The CIT(A) upheld this addition.

What were the issues?

Whether the reassessment proceedings are valid without issuing a notice under section 143(2) of the Act when the assessee requested to treat a previously filed return as compliance to a subsequent notice under section 148.

Which sections of the Income-tax Act were involved?

Section 10(38),Section 148,Section 143(2),Section 147,Section 144,Section 144B,Section 139

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, Hyderabad ‘ SMC ‘ Bench, Hyderabad

Before: Shri Vijay Pal Rao, Vice-Shri Madhusudan Sawdia

Hearing: 24/08/2026

Per Madhusudan Sawdia, A.M.:

This appeal is filed by Shri Pankaj Kumar Baheti (“the assessee), feeling aggrieved by the order passed by the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“Ld. CIT(A)”) dated 20.03.2026 for the A.Y.2013-14. 2. The assessee has raised the following grounds of appeal:

3.

The brief facts of the case are that the assessee is an individual who had filed his return of income for the assessment year 2013-14 on 18.10.2013, declaring a total income of Rs. 11,38,610/-. The Assessin

The order continues below.

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