SONIA SINGH MANN (LEGAL HEIR OF LATE SHRI RAVINDRA SINGH MANN),DELHI vs. ITO, WARD-69(1), 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 an illegality in the assumption of jurisdiction makes an order void ab initio and can be agitated at any stage. The assumption of jurisdiction based on the impugned notice was vitiated, and thus the consequential proceedings were liable to be quashed.
What were the facts?
The assessee challenged the reopening of assessment and the notice of reopening, alleging it was issued by a non-jurisdictional authority. The notice under section 148A(b) was issued by ITO, Ward-1, Shimla, while the assessee's PAN and appeal were with AO, Ward 66(4), Delhi.
What were the issues?
Whether the reopening of assessment was valid when the notice was issued by a non-jurisdictional authority. The validity of assumption of jurisdiction by the Assessing Officer.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “G” BENCH, DELHI
Before: SHRI ANUBHAV SHARMA&
PER ANUBHAV SHARMA, JM:
This appeal is preferred by the assessee against the order dated 16.02.2026 of the Ld. National Faceless Appeal Centre (NFAC) Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’)
P a g e | 2 ITA No.3027/Del/2026 Sonia Singh Mann (AY: 2018-19) in DIN & Order No: ITBA/NFAC/S/250/2025-26/1086075924(1) arising out of the assessment order dated 28.03.2023 u/s 144 r.w.s 147 of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) passed ITO, Ward 69(1) Delhi, for AY: 2018-19.
On hearing both sides we find that the issue involved is the challenge of reopening and the notice of reopening is allegedly issued by non- jurisdictional authority. Though ld. DR relied the impugned proceedings and submitted that objection is delayed, but we are of considered view that illegality in assumption of jurisdiction which makes order void ab initio, can be agitated at any stage.
In this regard, we find that at page 1 assesse has provided copy wherein PAN Number is quoted and the appeal is filed with the AO, Ward 66(4), Delhi, however, notice has been issued u/s 148A(b) of the Act by ITO, Ward-1, Shimla and the copy of same available at page No. 2 & 3 of the paper book makes it appears that this notice has been issued on the basis that in the absence of PAN & ITR the impugned transaction of cash payment was examined and found to be a case of escapement of income. At page No. 13 copy of reply in response to notice u/s 142(1) of the Act is provided wherein assesse has asserted all these facts to the AO, ITO Ward 69(1),
P a g e | 3 ITA No.3027/Del/2026 Sonia Singh Mann (AY: 2018-19) Delhi. Thus, very apparently assumption of jurisdiction on the basis of impugned notice dated 21.03.2022 is vitiated and the consequential proceedings also are liable to be quashed.
We thus, sustain the corresponding grounds no. 2.2, and the appeal is allowed. The impugned assessment order is quashed.
Order pronounced in the open court on 15.07.2026
Sd/- Sd/- (Amitabh Shukla) (Anubhav Sharma) ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated 15.07.2026 Rohit, Sr. PS
More judgments on Section 147
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- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
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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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