AMIT KUMAR TYAGI,DELHI vs. ITO, CIVIC CENTRE, DELHI
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 issued under Section 148 of the Act was invalid as it was not signed manually or digitally. Consequently, the reassessment proceedings were quashed.
What were the facts?
The assessee's case was reopened under Section 147 of the Income Tax Act for AY 2011-12 due to cash deposits. The addition made by the AO was confirmed by the CIT(A).
What were the issues?
The primary issue was the validity of the notice issued under Section 148 of the Act due to it being unsigned. The tribunal also considered the validity of reassessment proceedings initiated based on such a notice.
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
The instant appeal filed by the Assessee is directed against the order dated 04.02.2026 passed by the Learned Commissioner of Income Tax (Appeals), Udaipur [hereinafter referred to as ‘the Ld. CIT(A)] arising out of the assessment order dated 20.12.2018 passed by the Ld. AO under Section147 r.w.s.144 of the Income Tax Act, 1961 (hereinafter referred as ‘the Act’) for Assessment Year 2011-12.
The case of the assessee was reopened under Section 147 of
the Act by issuance of notice under Section 148 of the Act dated
2 ITA No.3412/Del/2026 Amit Kumar Tyagi vs. ITO 30.03.2018 for Assessment Year 2011-12 on the issue of cash
deposit of Rs.20,12,200/- which was finalized upon making
addition in the hands of the assessee which was further confirmed
by the First Appellate Authority.
At the threshold of the matter, the Ld. Counsel for the
assessee submitted before us that notice for initiation of
assessment issued under Section 148 of the Act dated 30.03.2018
appearing at page 2 of the PB filed before us is admittedly not
signed either manually or digitally and, therefore, in the eyes of
law, the same is invalid and liable to be quashed. In this regard, he
has further relied upon the judgement passed by the Co-ordinate
Bench in ITA No. 3624/Del/2023 in the matter of Karan Anand Vs.
ITO Ward No. 70(3), Delhi, wherein on the identical facts and
circumstances of the matter, having regard to the notice under
Section 148 of the Act not been signed either manually and
digitally, same was found to be invalid and quashed. We note that
assessee’s submission has not been able to be controverted by the
Ld. DR neither any contrary judgment has been furnished before us
by the Department.
3 ITA No.3412/Del/2026 Amit Kumar Tyagi vs. ITO
Having heard the respective parties and having regard to the
facts and circumstances of the case particularly the notice issued
under Section 148 of the Act dated 30.03.2018 as found to be
unsigned the same invalid in the eyes of law and therefore, is
quashed. Consequently, proceedings initiated against the assessee
is found to be void ab initio and, therefore the reassessment
proceeding is also hereby quashed.
In the result, the appeal filed by the Assessee is allowed.
Order pronounced in the open Court on 17.07.2026. Sd/- /- Sd/-Sd/’- (MADHUMITA ROY) JUDICIAL MEMBER Dated: 17.07.2026 *PK/R.N, Sr. Ps* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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