BILLAPATI MOHAN REDDY,NALGONDA vs. ITO, WARD -1, NALGONDA
What did the Tribunal hold?
The Tribunal held that the AO had considered incorrect information regarding cash deposits, leading to an erroneous calculation of income escaping assessment. Consequently, the notice issued under Section 148 beyond three years from the end of the assessment year was found to be barred by limitation.
What were the facts?
The assessee's assessment was reopened for AY 2016-17, with a notice under Section 148 issued on April 1, 2023. The Assessing Officer (AO) considered cash deposits totaling Rs. 51,48,400 as income escaping assessment. The assessee argued that the notice was time-barred as the actual income escaping assessment was less than Rs. 50 lakhs.
What were the issues?
Whether the notice issued under Section 148 was valid and within the limitation period prescribed by Section 149, considering the quantum of income escaping assessment.
Which sections of the Income-tax Act were involved?
Section 147,Section 148,Section 148A,Section 149,Section 143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ‘A’ Bench, Hyderabad
Before: SHRI VIJAY PAL RAO, HON’BLE & SHRI MANJUNATHA.G, HON’BLE
आदेश / O R D E R PER MANJUNATHA.G, AM:
This appeal filed by the assessee is directed against the order of the
Commissioner of Income Tax (Appeals), National Faceless Appeal Centre
(NFAC), Delhi, dated 28.11.2025, and pertains to assessment year 2016-
17.
The assessee has raised the following grounds of appeal:
Ground The Assessment order passed U/s 147 rws 144 and Sec 144B determining the assessed income at Rs 51,48,400 and determining the taxes and other liabilities at Rs 48,67,904 is void ab initio as the notice U/s 148 and the order U/s 148A(d) were issued OR passed by the Jurisdictional Assessing Officer which is in contravention of the provisions of E-Assessment Scheme
Ground The Ld. CIT-A of the NFAC erred in dismissing the Appeal filed by the Appellant on the ground that the Appeal was filed before it with a delay of 146 days without properly appreciating the fact that there is a sufficient and valid reason for such delay
Ground The CIT-A of NFAC and the AO erred in confirming / bringing to tax the amount of Rs 51,48,400 invoking the provisions of Sec 69A without properly appreciating the fact that the sources of the deposits were explained
Ground The CIT-A OR the assessing officer erred in denying the TDS amount of Rs 3,983 before quantifying the final demands in the assessment order
Ground The CIT-A OR the assessing officer erred in demanding the interest amount of Rs 16,06,708 U/s 234A and interest amount of Rs 16,70,340 U/s 234B
Ground The Appellant craves leave to add, amend, alter, vary and OR withdraw any OR all the above grounds of appeal
The assessee has also filed a petition for admission of additional
grounds by raising a legal ground challenging validity of notice issued
u/s.148 of the Act dated 01.04.2023 in light of income escaped
assessement and argued that the additional ground filed by the assessee
is purely on legal ground which can be filed at any time including pending
proceedings before the appellate authorities and thus, in view of decision
of the Hon’ble Supreme Court in the case of NTPC Ltd. v. CIT reported in
[1998] 229 ITR 383 (SC), the additional ground filed by the assessee may
be admitted for adjudication.
:: 3 :: 4. The Ld.Sr.AR has not seriously raised objection for admitting
additional ground filed by the assessee.
We have heard both the parties, and considered relevant petition
filed by the assessee for admission of additional ground and upon
considering relevant ground, we find that the assessee has taken a legal
ground challenging notice issued by the AO u/s.148 of the Act dated
01.04.2023 in light of limitation provided for issuing notice u/s.149 of the
Act. Further, the ground taken by the assessee is a legal ground which
can be taken at any time of proceedings as held by the Hon’ble Supreme
Court in the case of NTPC Ltd. (supra). Therefore, we admit the additional
ground filed by the assessee.
The Ld. Counsel for the assessee, referring to additional ground
submitted that the AO issued notice u/s.148 of the Act on 01.04.2023
which is beyond three years from the end of the relevant assessement
year and in such case, re-assessement notice can be issued if income
escaping assessement is more than Rs.50 lakhs for any assessement
year. In the present case, going by the notice issued by the AO
u/s.148A(b) of the Act dated 18.03.2023, the AO was considered the cash
deposits of Rs.49,45,400/- as per the AIR information and cash deposits
of Rs.2,03,000/- as per the CIB information, however, the subsequent
cash deposits of Rs.2,03,000/- considered by the AO is already included
in total cash deposits of Rs.49,45,400/- and therefore, income escaping :: 4 :: assessement for the year under consideration as per the information with
the AO is less than Rs.50 lakhs and thus, the AO ought not to have issued
notice u/s.148 of the Act on 01.04.2023, because, it is clearly barred by
limitation as per Section 149(1)(b) of the Act.
The Sr.AR, on the other hand, submitted that the assessee has not
explained his case in response to notice issued u/s.148A(b) of the Act.
Further, the AO has considered the information available with the
department which clearly shows income escaping assessement of
Rs.51,48,400/-. At the time of initiation of re-assessement proceedings,
the AO not required to prove escapement of income and what is required
to be seen is prima facie material which suggest escapement of income.
In the present case, material available with the AO clearly shows income
escaping assessement of more than Rs.50 lakhs and since the assessee
has not responded to notice u/s.148A(b) of the Act, the reopening of
assessement can’t be challenged at this stage. Therefore, the additional
ground filed by the assessee should be rejected.
We have heard both the parties, perused the materials available on
record and had gone through orders of the authorities below. There is no
dispute with regard to the fact that the assessement has been reopened
u/s.147 of the Act for AY 2016-17 and the AO has issued notice u/s.148
of the Act on 01.04.2023 which is beyond three years from the end of the
relevant assessement year. The provisions of Sec.149 of the Act deals :: 5 :: with limitation of notice u/s.148 of the Act and as per section 149(1)(b) of
the Act, no notice u/s.149 of the Act shall be issued for relevant
assessement year, if three years but not more than ‘10’ years have been
lapsed from the end of the relevant assessement year, unless the AO has
in his possession books of accounts or other documents or evidences
which reveals that the income chargeable to tax in the form of asset or
expenditure or entry in the books of accounts which is escaping
assessement amounts to Rs.50 lakhs or more. In the present case, as
per the notice issued by the AO u/s.148A(b) of the Act, the AO has
considered cash deposits into savings bank account of Rs.51,48,400/- and
claimed income escaping assessement is more than Rs.50 lakhs and
issued notice u/s.148 of the Act beyond three years from the end of the
relevant assessement year. However, going by the information considered
by the AO, in our considered view, the AO had considered total cash
deposits into Union Bank of India savings a/c for the period from
01.04.2015 to 31.03.2016 and as per the bank account submitted by the
assessee, the total cash deposits into bank for the entire Financial Year
was at Rs.49,45,400/- and the same has been reported under AIR-001
code in the category of cash deposits of Rs.10 lakhs or more in savings
bank account. The other cash deposits of Rs.2,03,000/- considered by
the AO under the code CIB-410 in the category deposit in cash aggregate
Rs.2 lakhs or more with a banking company is already included in total
cash reported under AIR-001 code amounting to Rs.49,45,400/- which is :: 6 :: evident from the relevant bank statement filed by the assessee where the
assessee has made cash deposits of Rs.2,03,000/- into savings bank
account on 23.08.2015. From the above information, it appears that the
AO had considered cash deposits of Rs.2,03,000/- on 23.08.2015 into
savings bank account two times as per the information reported under
different codes which results in considering incorrect information or non-
existing information for the purpose of determining the quantum of
income escaping assessement so as to consider whether notice can be
issued u/s.148 of the Act or not. Since the AO has considered incorrect
information or non-existing information, in our considered view,
reopening of assessement in the given facts of the present case, amounts
to reopening of assessement without any valid information which suggest
escapement of assessement income in excess of the specified limit for
issue of notice u/s.148 of the Act as per Section 149(1)(b) of the Act
beyond three years. Therefore, in our considered view, notice issued
u/s.148 of the Act dated 01.04.2023 on the basis of incorrect information
or not existing information can’t be considered as a valid notice in view of
specific provisions of Sec.149(1)(b) of the Act, where the law is very clear
in as much as beyond the three years from the end of the relevant
assessement year, notice u/s.148 of the Act can be issued only in a case
where income escaping assessement is likely to be more than Rs.50
lakhs. In the present case, going by the information available with the
AO, in our considered view, although, the AO has considered the bank :: 7 :: account of the assessee for the purpose of reopening of assessement, but
failed to verify relevant bank account to ascertain the correct amount of
cash deposits into bank account which resulted in considering incorrect
information for the purpose of issuing notice u/s.148 of the Act. Thus, we
are of the considered view that notice issued by the AO u/s.148 of the Act
dated 01.04.2023 for AY 2016-17 is barred by limitation, because, said
notice has been issued beyond a period of three years from the end of the
relevant assessement year. Thus, we quashed notice issued by the AO
u/s.148 of the Act dated 01.04.2023 and consequent assessement order
passed by the AO u/s.147 r.w.s.143(3) of the Act dated 02.01.2025.
In the result, appeal filed by the assessee is allowed.
Order pronounced on the 24th day of June, 2026, in Hyderabad. Sd/- Sd/- (िवजय पाल राव) (मंजूनाथा. जी) (VIJAY PAL RAO) (MANJUNATHA.G) उपा�� /VICE-PRESIDENT लेखा सद�/ACCOUNTANT MEMBER
Hyderabad, dated 24.06.2026. TLN
आदेशकी �ितिलिप अ�ेिषत/ Copy of the order forwarded to:
िनधा�रती/The 1 : Billapati Mohan Reddy, 1-95, Thelakantigudem, Charlagowraram, Nalgonda- Assessee 508 004. राज�/ The Revenue 2 : The ITO, Ward-1, Nalgonda.
The Principal Commissioner of Income Tax, Hyderabad. 3 िवभागीय�ितिनिध, आयकर अपीलीय अिधकरण, हैदराबाद / DR, ITAT Hyderabad. 4 गाड�फ़ाईल / Guard file 5
आदेशानुसार / BY ORDER TUMMALACHARLA Digitally signed by TUMMALACHARLA LAKSHMI NARAYANA DN: cn=TUMMALACHARLA LAKSHMI LAKSHMI NARAYANA, c=IN, o=INCOME TAX APPELLATE TRIBUNAL, ou=INCOME TAX NARAYANA APPELLATE TRIBUNAL, CHENNAI BENCH Date: 2026.06.24 12:48:27 +05'30'
Sr. Private Secretary ITAT, Hyderabad
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