KRISHNA MOHAN POTLURI,HYDERABAD vs. THE ACIT, CENTRAL CIRCLE, VIJAYAWADA

ITA 102/VIZ/2026Status: DisposedITAT Visakhapatnam13 August 2026AY 2019-2010 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that since a warrant under section 132A was issued, the AO was mandatorily required to initiate proceedings under section 153A. As the limitation period for section 153A assessment had expired, the AO could not resort to the amended provisions of section 148. Therefore, the reassessment proceedings and the consequential penalty were quashed.

What were the facts?

Cash of Rs. 28,00,000 was seized from the assessee during vehicle checking. The department later issued a warrant under section 132A for requisition and seizure of the cash. Subsequently, the Assessing Officer (AO) issued notices under sections 148A and 148 to reopen the assessment.

What were the issues?

Whether reassessment proceedings initiated under Section 148 after a requisition under Section 132A are valid when Section 153A proceedings were mandatory and time-barred. Whether a penalty levied consequent to an invalid reassessment order is sustainable.

Which sections of the Income-tax Act were involved?

Section 132A,Section 153A,Section 153B,Section 148A,Section 148,Section 271(1)(c)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Pronounced: 13.08.2026

PER SHRI VIJAY PAL RAO, VICE PRESIDENT :

These two appeals filed by the assessee are directed against two separate orders of Commissioner of Income Tax (Appeals)-3 [“Ld.CIT(A)”], both dated 21.11.2025, arising out of assessment order passed by the Ld.AO u/s 144 r.w.s.147 of the Income Tax Act, 1961

ITA 101/VIZ/2026 & 102/Viz/2026 Krish

The order continues below.

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