SRI VENKATESWARA PRIMARY AGRICULTURAL COOP CREDIT SOCIETY,AINAPARRU vs. THE INCOME TAX OFFICER, WARD-1, TANUKU

ITA 394/VIZ/2026Status: DisposedITAT Visakhapatnam19 August 2026AY 2018-1920 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the notice issued under Section 148 of the Income Tax Act was invalid because the Assessing Officer obtained approval from the Principal Commissioner of Income Tax instead of the Chief Commissioner/Director General, as required when more than three years had elapsed since the end of the assessment year. Consequently, the reassessment order was quashed.

What were the facts?

The assessee filed an appeal with a delay of 37 days due to the illness of its authorized signatory. The assessee also raised additional grounds challenging the validity of the reassessment proceedings. The Tribunal admitted the additional grounds for adjudication.

What were the issues?

The primary issue was the validity of the reassessment proceedings due to improper approval obtained for issuing the notice under Section 148. The Tribunal also considered the retrospective applicability of a proviso to Section 151.

Which sections of the Income-tax Act were involved?

Section 148,Section 148A,Section 151,Section 147,Section 144B,Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM DB BENCH VISAKHAPATNAM

Before: SHRI VIJAY PAL RAO & SHRI MANJUNATHA G.

Hearing: 11.08.2026Pronounced: 19.08.2026

PER VIJAY PAL RAO, VICE PRESIDENT :

This appeal by the Assessee is directed against the Order dated 20.12.2025 of the learned CIT(A)-National Faceless Appeal Centre [in short "NFAC"], Delhi, for the assessment year 2018-2019. 2 ITA.No.394/Viz./2026

2.

There is a delay of 37 days in filing the present appeal. The assessee has filed petition for condonation of delay which is supported by the affidavit of the Secretary of the Assessee Cooperative Society as well as medical certificate. The learned Authorised Representative of the assessee submitted t

The order continues below.

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