MALTI YADAV,GHAZIABAD vs. INCOME TAX OFFICER WARD 2(1)(3) GHAZIABAD, GHAZIABAD

PDF · subscribers
ITA 4097/DEL/2026Status: DisposedITAT Delhi15 July 2026AY 2016-172 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the notice for reassessment under Section 148, issued on 25.03.2023, was beyond the permissible period of five years and three months for AY 2016-17. This was because the income sought to be assessed was less than Rs. 50 lakhs.

What were the facts?

The Income Tax Officer initiated reassessment proceedings under Section 147/148 against the assessee for AY 2016-17. The reassessment aimed to assess long-term capital gains of Rs. 42,72,675.

What were the issues?

Whether the reassessment proceedings initiated by issuing a notice under Section 148 were valid when the notice was issued beyond the prescribed time limit and the income sought to be assessed was below the pecuniary limit.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 149(1)(b)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “SMC” NEW DELHI

Before: SH. SATBEER SINGH GODARA

Hearing: 03.06.2026Pronounced: 03.06.2026

D IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH “SMC” NEW DELHI BEFORE SH. SATBEER SINGH GODARA, JUDICIAL MEMBER

I.T.A. No. 4097/Del/2026 Assessment Year: 2016-17 Malti Yadav, L-56, Lajpat Nagar, Vs. Income Tax Officer, Sahibabad, Ghaziabad, UP-201007 Ward 2(1)(3), Ghaziabad [PAN: ABQPY 9881N] (Appellant) (Respondent)

Appellant by : Sh. Rajat Vashney, Adv.& Kunal Gupta, CA Department by : Sh. Manoj Kumar, Sr. D. R.

Date of Hearing : 03.06.2026 Date of Pronouncement : 03.06.2026

ORDER This assessee’s appeal for Assessment Year: 2016-17, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)”], Delhi’s DIN and Order No. ITBA/NFAC/S/250/2025- 26/1086829573(1), dated 04.03.2026 involving proceedings under section 147 r.w.s. 144 of the Income Tax Act, 1961 (hereinafter referred to as the ‘the Act’).

Heard both the parties. Case file perused.

2.

It emerges at the outset during the course of hearing that the learned lower authorities have set into motion section 148/147 proceedings against the

2 I.T.A. No. 4097/Del/2026 assessee for the purpose of assessing her long term capital gains amounting to Rs. 42,72,675/- forming sole subject matter of addition in assessment order passed on 11.03.2024 as upheld in the lower appellate discussion.

3.

That being the case this tribunal finds merit in the assesse’s legal argument in light of section 149(1)(b) that for assessment year 2016-17 herein, the learned lower authorities action issuing section 148 notice on 25.03.2023, i.e., beyond the maximum period of five years and three months, is not sustainable in law for want of pecuniary limit of the income sought to be assessed coming to Rs. less than Rs.50 lakhs. This clinching factual position has gone unrebutted from the Revenue side. I accordingly quash the impugned reopening that this precise reason above in very terms.

4.

This assessee’s appeal is allowed.

Order pronounced in the open court as on 03.06.2026

Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated 15th July, 2026 *GP/Sr.PS* Copy of the order forwarded to: (1) Appellant: (2) Respondent: (3) CIT (4) CIT (Appeals) (5) DR, I.T.A.T. Assistant Registrar

More judgments on Section 147

All 49,210 judgments and leading authorities on Section 147 →

Recent GST High Court judgments

Search GST case law →