SURESH TUMATI,NARASARAOPET vs. INCOMETAX OFFICER, WARD-1, NARASARAOPET

ITA 252/VIZ/2026Status: DisposedITAT Visakhapatnam17 July 2026AY 2015-1615 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the notice issued under Section 148 of the Act was barred by limitation as per the 'first proviso' to Section 149 of the Act. Consequently, the reassessment order passed by the AO was quashed for want of valid assumption of jurisdiction.

What were the facts?

The Assessing Officer (AO) initiated reassessment proceedings under Section 147 of the Income Tax Act, 1961, based on information regarding cash deposits and the assessee's failure to file a return. The AO made an addition of Rs. 30,49,000 under Section 69A. The assessee appealed to the CIT(A) but was unsuccessful.

What were the issues?

The primary issue was the validity of the reassessment proceedings initiated beyond the prescribed time limit under Section 149 of the Income Tax Act, particularly concerning the applicability of the 'first proviso' and other provisos to Section 149.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 148A,Section 149,Section 69A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM BENCH, VISAKHAPATNAM

Before: SHRI RAVISH SOOD, HON’BLE & SHRI OMKARESHWAR CHIDARA, HON’BLE

PER RAVISH SOOD, JM:

The present appeal filed by the assessee is directed against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (for short, “CIT(A)”), dated 20/01/2026, which in turn arises from the order passed by the Assessing Officer (for short, “AO”) under section 147 r.w.s 144B of the Income Tax Act, 1961 (for short, “the Act”), dated 29/02/2024. The ITA 252

The order continues below.

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