GRACY INCORPORATION ,TIRUPUR vs. ITO, WARD 2 (1), TIRUPPUR
What did the Tribunal hold?
The Tribunal set aside the impugned order and restored the matter to the Assessing Officer for a de novo assessment. This was done considering the assessment proceedings were conducted during the Covid-19 pandemic, leading to inadequate opportunity for the assessee.
What were the facts?
The CIT(A) initially allowed the assessee's appeal by quashing a notice under Section 148 due to limitation. This order was later rectified under Section 154, as the notice was issued before the relevant date for the Supreme Court decisions relied upon.
What were the issues?
The primary issue was the validity of a notice issued under Section 148, and whether the assessment proceedings conducted during the Covid-19 pandemic prejudiced the assessee.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ BENCH: CHENNAI
Before: MS. PADMAVATHY S & SHRI MANU KUMAR GIRI
आदेश / O R D E R
PER MANU KUMAR GIRI, JM:
The captioned appeal by the assessee is arising out of the
order of the Ld. Commissioner of Income Tax (Appeals)/NFAC, Delhi
dated 09.10.2025 passed u/s.154 r.w.s. 250 of the Income Tax Act,
1961 (‘Act’) for AY 2015-16.
Brief facts of the case are that original order u/s 250 of the Act,
for A.Y. 2015-16 was passed in this case on 09.10.2025 in which
the appeal was treated as allowed on the ground that the notice u/s
148 issued on 27.03.2021 is to be quashed as being beyond the
ITA 3314 Chny 2025 (AY 2015-16) Gracy Incorporation Vs ITO W 2(1) :: 2 ::
time limit permissible u/s 149(1) of the IT Act, 1961. The notice was
quashed on the ground that the case fell within the ambit of the
Hon'ble Supreme Court decisions in the cases of Union of India v/s
Ashish Agarwal [2022] 444 ITR 1 (SC) and Union of India v/s
Rajeev Bansal [2024] 469 ITR 46 (SC). Subsequently, it is revealed
from the record that the judgment in the case of Union of India v/s
Rajeev Bansal [2024] is not applicable as the notice u/s.148 has
been issued prior to 31.03.2021. Hence, proceedings for
rectification u/s 154 of the IT Act, 1961 was initiated by the
Ld.CIT(A) as the notice u/s 148 issued in this case was wrongly
quashed. He noted that the quashing of the notice is a mistake
apparent from record due to the following reason: -
As is evident from the excerpt of the judgement quoted above, that the ratio decidendi in these cases is applicable only to cases where the notice u/s 148 of the IT Act, 1961 has been issued on or after 1/4/2021. In the case under consideration the notice was issued prior to 1/4/2021 and hence is outside the ambit of the judgement mentioned above. Consequently, ld.CIT(A) passed the impugned order u/s.154 r.w.s. 250 of the Act. 3. The ld.AR for the assessee submitted that the ld.CIT(A) has
decided the appeal on the legal ground and also before the AO
assessment has been conducted during Covid-19 pandemic which
culminated into inadequate representation and lack of evidence,
ITA 3314 Chny 2025 (AY 2015-16) Gracy Incorporation Vs ITO W 2(1) :: 3 ::
therefore the matter may be remand back to AO for denovo
assessment on merit of additions.
Per contra, ld.DR for the revenue did not opposed to the prayer
of the assessee seeing the Covid-19 pandemic during assessment
proceedings. However, she pleaded that no legal issue to be recked
up again in the denovo assessment proceedings.
We have heard the rival submissions and perused the material
available on record. It is observed that the Ld. CIT(A) originally
allowed the appeal of the assessee by quashing the notice issued
u/s 148 of the Act on the ground of limitation by relying upon
judicial precedents. Subsequently, the said order was rectified u/s
154 of the Act on the premise that reliance placed on the decision
was not applicable to the facts of the present case, as the notice u/s
148 had been issued prior to 01.04.2021. In this case notice
u/s.148 is dated 27.03.2021.
At the time of hearing, the Ld. AR submitted that the assessment
proceedings were carried out during the Covid-19 pandemic period,
resulting in inadequate opportunity and inability on the part of the
assessee to furnish necessary details and evidences in support of its
case. It was, therefore, pleaded that the matter may be restored to
ITA 3314 Chny 2025 (AY 2015-16) Gracy Incorporation Vs ITO W 2(1) :: 4 ::
the file of the Assessing Officer for fresh adjudication on merits. The
Ld. DR, though supporting the order of the Ld. CIT(A), fairly did not
object to the restoration of the matter to the file of the Assessing
Officer in view of the peculiar circumstances prevailing during the
pandemic period.
Considering the entirety of facts and circumstances of the case,
and in the interest of substantial justice, we deem it appropriate to
set aside the impugned order and restore the matter to the file of
the Assessing Officer for de novo assessment. The Assessing Officer
is directed to re-adjudicate the issues afresh on merits after
providing reasonable and effective opportunity of being heard to the
assessee and after considering all relevant evidences that the
assessee may choose to file in support of its contentions.
It is made clear that the assessee shall cooperate in the fresh
assessment proceedings and shall not seek unnecessary
adjournments. Further, since the legal issue regarding validity of
notice u/s 148 has already been adjudicated in rectification
proceedings, the same shall not be agitated again during the de
novo proceedings.
ITA 3314 Chny 2025 (AY 2015-16) Gracy Incorporation Vs ITO W 2(1) :: 5 :: 9. In the result, the appeal of the assessee is allowed for statistical
purposes. Order pronounced on the 27th day of April, 2026, in Chennai.
Sd/- Sd/- (प�ावती एस) (मनु कुमार िग�र) (PADMAVATHY S) (MANU KUMAR GIRI) &या�यक सद%य/JUDICIAL MEMBER लेखा सद%या/ACCOUNTANT MEMBER चे&नई/Chennai, (दनांक/Dated: 27th April, 2026.
SNDP, Sr. PS आदेश क� ��त)ल*प अ+े*षत/Copy to: 1. अपीलाथ�/Appellant 2. ��थ�/Respondent 3. आयकरआयु�/CIT, Chennai / Madurai / Salem / Coimbatore. 4. िवभागीय�ितिनिध/DR 5. गाड�फाईल/GF
More judgments on Section 148
- 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
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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