KISHAN GOPAL MOHTA,KOLKATA vs. ACIT, CIRCLE 31, KOLKATA

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ITA 2198/KOL/2025Status: DisposedITAT Kolkata14 August 2026AY 2015-20164 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the notice issued under Section 148 on April 11, 2022, for AY 2015-16 was time-barred. Consequently, the entire assessment proceedings were quashed.

What were the facts?

The assessee filed a return of income for AY 2015-16. The case was reopened, and a notice under Section 148 was issued on April 11, 2022. An addition was made, which was upheld by the CIT(A).

What were the issues?

The primary issue was whether the notice issued under Section 148 of the Income-tax Act was within the prescribed limitation period for Assessment Year 2015-16.

Which sections of the Income-tax Act were involved?

Section 148

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “B” BENCH, KOLKATA

Before: Shri Rajesh Kumar & Shri Pradip Kumar Choubey

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, KOLKATA Before Shri Rajesh Kumar, Accountant Member and Shri Pradip Kumar Choubey, Judicial Member ITA No.2198/KOL/2025 Assessment Year: 2015-16 Kishan Gopal Mohta..........................................................................................Appellant Room No.2A, 2nd Floor, Kolkata Stock Exchange Bldg.,7, Lyons Range, Kolkata, West Bengal- 700001 [PAN No. ADQPM0469E] Vs. ACIT, Circle 31, ..…………..…………………....…….................................….Respondent 10B, Middleton Row, Kolkata, West Bengal- 700071 Appearances by: P.J. Bhide, FCA, appeared on behalf of the Appellant. Sandeep Kumar Mehta, Addl. CIT, Sr. DR ,appeared on behalf of the Respondent. Date of concluding the hearing : July 09 , 2026 Date of pronouncing the order :August 14 ,2026 ORDER Per Pradip Kumar Choubey, Judicial Member: This appeal filed by the assessee is directed against the order dated 17.07.2025 of the National Faceless Appeal Centre (NFAC), passed under Section 147r.w.s144) of the Assessment Year 2015-16 of the Income-tax Act, 1961 (hereinafter referred to as “the Act”).

2.

The brief facts of the case of the assessee is that the assessee files its return of income for the assessment year 2015-16 declaring total income of Rs. 630,920/-. As per the specific information, assessee has carried out transaction during the financial year 2014-15 on the basis of said information the case of

ITA No.2198/Kol/2025 Assessment Year- 2015-16 the assessee was reopened and a notice u/s 148 of the Act was issued on 11.04.2022. In response to the notices assessee submitted documentary evidences. The explanation of the assessee was not found satisfactory and accordingly addition of Rs. 168,523,40/- was made on account of disallowance under rule 8D of the I.T. Act

Aggrieved by the said order assessee preferred appeal before the CIT(A) wherein appeal of the assessee has been dismissed.

3.

The Ld. AR during the course of hearing documents took legal grounds by way of additional ground which are as follows:-

(i) In the facts and circumstances of the case the notice issued u/s 148 of the IT Act is time barred in view of the Hon’ble Apex Court passed in the case of Union of India versus Rajeev Bansal.

The Ld. AR supports the impugned order.

4.

Upon hearing the submission of the counsel and on perusal of the assessment order we find that the present case relates to the Assessment Year 2015-16.Assessee declare income of Rs. 630,920/-,Notice u/s 148 of the Act was issued on 11.04.20222.We have gone through the several decision of the Tribunal as well as High Court in which it has been held that for the Assessment Year 2015-16 notice has to be issued on 31.03.2022. In the present case notice

ITA No.2198/Kol/2025 Assessment Year- 2015-16 u/s 148 issued on 11.04.2022 which according to us is clearly barred by limitation and quashed. Since we have heard declared the notice issued u/s 148 as barred by limitation the entire proceedings are hereby quashed.

The appeal of the assessee is allowed on the legal grounds

Kolkata, the 14th August , 2026.

Sd/- Sd/- [Rajesh Kumar] [Pradip Kumar Choubey] Accountant Member Judicial Member

DC Dated:. 14 .08.2026.

Copy of the order forwarded to: 1. Appellant - 2. Respondent - 3. CIT(A)- 4. CIT- 5. CIT(DR)

ITA No.2198/Kol/2025 Assessment Year- 2015-16 //True copy// By order Deputy Registrar, Kolkata Benches

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