PRASHANT SAHKARI AWAS SAMITI LTD.,KANPUR vs. ICT-2 KANPUR, KANPUR

ITA 70/LKW/2022Status: DisposedITAT Lucknow22 July 202618 pages
AI SummaryAllowed

What were the facts?

The assessee's assessments were reopened based on a CIT(A) direction to tax escaped income from property sales. The ITAT had previously held these directions illegal and expunged them. The reassessment notices were issued beyond the limitation period.

What did the Tribunal hold?

The Tribunal held that the ITAT's prior order expunging the CIT(A)'s directions rendered them invalid as a basis for reassessment. Consequently, reassessment notices issued after the limitation period were void.

What were the issues?

Whether reassessment proceedings initiated based on a prior CIT(A) direction, which was subsequently held illegal by the ITAT, are valid. Whether reassessment notices issued beyond the prescribed limitation period are void.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 150(1),Section 153(3)(ii),Section 149

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, LUCKNOW ‘A’ BENCH, LUCKNOW

Before: SH. KUL BHARAT & SH. NIKHIL CHOUDHARY

Hearing: 21.05.2026Pronounced: 22.07.2026

PER NIKHIL CHOUDHARY, A.M.: These appeals have been filed by the assessee against the separate orders of the ld. CIT(A) passed under section 250 of the Income Tax Act, 1961, wherein in all four assessment years, the ld. CIT(A) has restored the matter back to the file of the Assessing Officer for factual verification while allowing the appeal of the assessee for statistical purposes. As there are common issues involved in all these cases, the cases are taken up together for disposal. The grounds of appeal are as under:

“1. BECAUSE the Ld. Commissioner of Income-tax (A) has erred on fact and in law in not appreciating that the sole basis of reassessment, i.e. direction in order

The order continues below.

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