ASHISH CHHOKER,SAMALKHA vs. INCOME TAX OFFICER WARD - 1, PANIPAT
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the notice under Section 148 of the Act was invalid as it was neither digitally nor manually signed. Consequently, the reassessment proceedings were void ab initio and set aside.
What were the facts?
The assessee challenged the reassessment proceedings initiated under Section 147 of the Income Tax Act, 1961. The primary contention was that the notice issued under Section 148 of the Act was neither manually nor digitally signed, rendering it invalid.
What were the issues?
The key legal issue was the validity of a reassessment notice that was not signed manually or digitally. The tribunal also considered the validity of additions made on account of unexplained investment.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “SMC”: NEW DELHI
Before: MS MADHUMITA ROY
INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “SMC”: NEW DELHI BEFORE MS MADHUMITA ROY, JUDICIAL MEMBER ITA No. 3282/Del/2026 (A.Y 2017-18) Ashish Chhoker Vs. Income Tax Officer, VPO Chulkana, Samalkha, Ward-1, Aayakar Panipat, Haryana 132101, Bhawan, Sector 6 Old Housing Board Colony, Panipat, Haryana (Appellant) (Respondent) PAN: AZOPC6804D
Assessee by : Sh. Subodh Jain, Asdv& Sh. Samyak Jain, CA (trhough VC) Revenue by: Shri Manoj Kumar, Sr. DR
Date of Hearing 15/05/2026 Date of pronouncement 15/07/2026 O R D E R PER MADHUMITA ROY, J. M.: The instant appeal filed by the assessee is directed against
the order dated 23.01.2026 passed by the Ld. Commissioner of
Income-tax (Appeals)/National Faceless Appeal Centre, Delhi
[hereinafter referred to as the Ld. CIT(A)/NFAC] under Section
250 of the Income Tax Act, 1961 (hereinafter referred to as ‘the
Act’) arising out of the Assessment Order dated 08.05.2023
passed by the Assessment Unit, Income-tax Department
(hereinafter referred to as ‘the ld. AO’) under Section 147 read
with section 144B of the Income Tax Act, 1916 (‘Act’ for short)
for Assessment Year 2017-18.
2 ITA No. 3282/Del/2026 Ashish Chhoker Vs. ITO 2. The grounds of appeal are as under:
“1. That the impugned order passed u/s 250 of the act is contrary to law, facts on record and judicial precedents and therefore deserves to be quashed.
That the ld. Cit(A) has erred in law in upholding the reopening of assessment u/s 147 of the act, which is bad in law, void ab initio and without any independent application of mind.
That the ld. Cit(A) has erred in law in upholding the reopening of assessment u/s 147 of the act which is based on borrowed information, without any proper inquiry, independent application of mind and based on approval granted in a mechanical manner.
That the ld. Cit(A) has erred both in law and on facts in confirming the addition of rs. 15,94,100/- made by the ld. Ao on account of unexplained investment u/s 69 of the act.
That the appellant craves leave to add, alter, amend or withdraw any of the above grounds of appeal before or at the time of hearing.”
The assessee has challenged the reassessment proceeding
initiated under Section 147 of the Act by issuance of
noticeunder Section 148 of the Act as the same appearing at
Page No. 3 of the paper book dated 23.04.2021 neither
manually signed nor digitally. In that view of the mater, it is
the case made out by the Assessee that the impugned notice
under Section 148 of the Act dated 23.04.2021 has no sanction
in the eyes of law and, therefore, liable to be quashed. Page | 2
3 ITA No. 3282/Del/2026 Ashish Chhoker Vs. ITO Consequently, the reassessment proceeding culminating in the
order of addition subsequently confirmed by the First Appellate
Authority is not sustainable and liable to be set aside. In this
regard, he has relied upon the judgment passed by very many
Benches of the Tribunal and also different High Courts. The
Judgment passed by the Hon’ble High Court of Bombay in the
case of PrakashKrishnavtarBhardwalj reported in 451 ITR
27/331 CTR 64/150 taxmann.com 60/293 Taxman 132 (Bom.)
has been relied upon him wherein on the identical facts and
circumstances of the matter, the notice issued under Section
148A of the Act since found not been signed either digitally or
manually, the same was quashed. The Judgment relied upon
by the Ld. AR by the Co-ordinate Bench of the Tribunal in the
case of Karan Anand Vs. ITO has also been considered which
deals with the identical set of facts and particularly identical
notice which was reproduced therein at page 3 of the said
Judgment since neither manually signed nor digitally and,
therefore, stood quashed.
The Ld. DR, on the other hand though relied upon the
order passed by the authorities below has not been able to be
controverted such submissions made by the Ld. AR neither any
4 ITA No. 3282/Del/2026 Ashish Chhoker Vs. ITO Judgment contrary to the ratio laid down in the Judgment
mentioned hereinabove has been able to be relied upon by the
Ld. DR.
Under these facts and circumstances of the matter, having
regard to the provision of law and the ratio laid down by the
different judicial forums on the identical facts and
circumstances of the matter since the impugned notice under
Section 148 of the Act dated 23.04.2021 is found to have
neither digitally nor manually signed, the same has no force in
the eyes of law rather invalid and thus, quashed. Consequently
the reassessment proceeding in the absence of valid
assumption of jurisdiction by the Ld. A.O. is void ab initio and
stands set aside.
In the result, the Assessee’s appeal is thus, allowed.
Order pronounced in the open court on 17/07/2026.
Sd/- (MADHUMITA ROY) JUDICIAL MEMBER Dated: 17/07/2026 R. Naheed, Sr PS
5 ITA No. 3282/Del/2026 Ashish Chhoker Vs. ITO Copy forwarded to
Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi
More judgments on Section 147
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- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
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- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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