SARVESH KUMAR SHUKLA,KANPUR vs. THE ITO, WARD-1(3)(4), KANPUR

ITA 929/LKW/2025Status: DisposedITAT Lucknow25 May 2026AY 2017-189 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the notice under section 142(1) was issued beyond the prescribed limitation period as per the CBDT circular. Following its own precedent, the Tribunal quashed the assessment proceedings as void ab initio.

What were the facts?

The assessee failed to file a return of income for AY 2017-18. The AO issued a notice under section 142(1) on March 9, 2018, which was beyond the prescribed date of December 31, 2017, as per CBDT circular. The AO completed a best judgment assessment, adding cash deposits and credit entries as unexplained income.

What were the issues?

Whether the assessment proceedings are void due to the issuance of a notice under section 142(1) beyond the prescribed time limit as per CBDT circular.

Which sections of the Income-tax Act were involved?

Section 142(1),Section 144,Section 69A,Section 115BBE,Section 271AAC(1),Section 271F

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SMC BENCH, LUCKNOW

Before: SHRI. SUDHANSHU SRIVASTAVA

This appeal has been preferred by the Assessee against the order dated 06.11.2025, passed by the National Faceless Appeal Centre, Delhi (NFAC) for Assessment Year 2017-18. a.

The brief facts of the case are that the assessee had not filed the return of income for the year under consideration. The Income Tax Department was in possession of information that the assessee had made cash deposits to the tune of Rs.11,01,500/- in his Bank Accounts No.41040500000018 and 41040100005567 maintained with Bank of Baroda during the period the demonetization period, i.e., from 09.11.2016 to 30.12.2016. The Assessing Officer (AO) issued Notice under section 142(1) of the Income Tax Act, 1961 (hereinafter called 'the Act’) on 09.03.2018, requiring the assessee to file the return of ITA No.929/LKW/2025 income for the year under co

The order continues below.

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