PREETHI ENGINEERING ENTERPRISES, KORBA, KORBA vs. DCIT, CIRCLE-1(1), BILASPUR, BILASPUR
What did the Tribunal hold?
The Tribunal held that the ACIT lacked the inherent jurisdiction to issue the notice under section 148 as per CBDT instructions for non-corporate assessees with income below Rs. 15,00,000/-. Therefore, the notice was void-ab-initio, rendering the reassessment proceedings invalid.
What were the facts?
The assessee filed a return of income below Rs. 15,00,000/-. A notice under section 148 for reassessment proceedings was issued by the ACIT, who the assessee argued lacked jurisdiction as per CBDT instructions. The assessee's gross total income was Rs. 1,38,829/-.
What were the issues?
Whether the ACIT had the valid jurisdiction to issue a notice under section 148 for reassessment proceedings when the assessee's income was below the prescribed monetary limit as per CBDT instructions.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, RAIPUR BENCH “SMC”, RAIPUR
Before: SHRI PARTHA SARATHI CHAUDHURY
आदेश / ORDER PER PARTHA SARATHI CHAUDHURY, JM The present appeal preferred by the assessee emanates from the order of the Ld. CIT(Appeals)/NFAC, dated 26.02.2026 for the assessment year 2014-15 as per the grounds of appeal on record.
The contention in law assailed by the Ld. Counsel for the assessee is that as per the return filed under section 139(1) of the Act for A.Y. 2014-15 the assessee had shown gross total income of Rs. 1,38,829/-. The said copy of the return is extracted as follows:
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The Ld. Counsel further submitted that as per CBDT Instruction No. 1/2011 [F. No. 187/12/2010-IT(A-I)], Dated 31-01-2011 for non-corporate
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return up to Rs. 15,00,000/- the assessment has to be done by the ITO. The said copy of the instruction as extracted as follows:
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It is the grievance of the assessee that in such scenario the notice under section 148 of the Act for reassessment proceedings under section 147/148 of the Act dated 31.03.2021 for A.Y. 2014-15 had been issued to the assessee not by ITO but by the ACIT, Circle-1(1), Bilaspur who is, therefore, not having the valid jurisdiction to issue such notice. It was further contended by the Ld. Counsel that being a non-corporate assessee and as demonstrated as per the return filed was below Rs. 15,00,000/-, therefore, the valid jurisdiction as per CBDT instruction (supra), it was with the A.O. who had to issue notice under section 148 of the Act. The ACIT, Circle-1(1), Bilaspur issuing notice to the assessee suffers from invalid jurisdiction.
I find that in the identical facts and circumstances and issue the Coordinate Bench Delhi in the case of Vikas Jhuntra and Sons HUF vs. ACIT, Circle-49(1), Delhi 2026 (5) TMI 1251 – ITAT Delhi held that having regard to CBDT Instruction governing monetary limits for jurisdiction, the ACIT lacked authority to issue the notice under section 148 in the assessee’s case and therefore, the entire reassessment proceedings was void. The relevant observation are extracted as follows:
“5. Undisputedly, the assessee had filed return of income u/s. 139(1) of the Act on 21.06.2019 declaring total income of Rs. 7,34,500/-, i.e., less than the monetary limit of Rs. 20,00,000/- specified under CBDT Instruction No. 1/2011 dated 31.01.2011 (supra). Even in the return of income filed by the assessee in response to notice u/s. 148 of the Act, the assessee had declared
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total income of Rs. 7,34,500/-. The said return of income is at page 95 of the paper book. Thus, in light of aforesaid CBDT Instruction, the notice u/s. 148 of the Act ought to have been issued by the ITO. Since, in the present case the notice has been issued by the ACIT, the same is without jurisdiction, hence, void ab Initio. I find that the Division Bench of the Arbunal in the case of Aashiyana Infrastructure Development Pvt. Ltd. vs. DCIT in ITA No.8472/Del/2019, decided on 04.07. 2025 in similar facts had held notice issued u/s. 148 of the Act to 20 defective and void ab initio. Thus, in light of the above undisputed facts, I hold that the notice issued u/s. 148 of the Act by the ACIT is without Jurisdiction. Consequently, the proceedings arising from such defective notice are vitiated and hence, quashed 6. In the result, appeal of the assessee is allowed.”
Further, the Hon’ble High Court of Mumbai in the case of Ashok Devichand Jain vs. Union of India & Ors. (2023) 452 ITR 00 43 (Bom.) observed and held as follows:
“2. The primary ground that has been raised is that the Income Tax Officer who issued the notice under section 148 of the Act, had no jurisdiction to issue such notice. According to Petitioner as per instruction No. 1/2011 dated 31st January, 2011 issued by the Central Board of Direct Taxes, where income declared/returned by any Non-Corporate assessee is up to Rs. 20 lakhs, then the jurisdiction will be of ITO and where the income declared returned by a Non Corporate assessee is above Rs. 20 lakhs, the jurisdiction will be of DC/AG. 3. Petitioner has filed return of income of about Rs. 64,34,663/- and therefore, the jurisdiction will be that of DC/AC and not ITO. Mr. Jain submitted that since notice under section 148 of the Act has been issued by ITO, and not by DC/AC that is by a person who did not have any jurisdiction over Petitioner, such notice was bad on the count of having been issued by an officer who had no authority in law to issue such notice. 4. We have considered the affidavit in reply of one Mr. Suresh G. Kamble, ITO who had issued the notice under section 148 of the Act. Said Mr. Kamble, ITO, Ward 12(3)(1), Mumbai admits that such a defective notice has been issued but according to him, PAN of Petitioner was lying with ITO Ward (12)(3)(1), Mumbai and it was not feasible to migrate the PAN having retumed of income exceeding Rs. 30 lakhs to the charge of DCIT, Circle 12(3)(1). Mumbai, as the time available with the ITO 12(3)(1) was too short to migrate the PAN after obtaining administrative approval from the higher authorities by 31st March, 2019.
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The notice under section 148 of the Act is jurisdictional notice and any inherent defect therein is not curable. In the facts of the case, notice having been issued by an officer who had no jurisdiction over the Petitioner, such notice in our view, has not been issued validly and is issued without authority in law.”
Respectfully following the aforestated judicial pronouncements and even applying the ratio of Hon’ble Supreme Court in the case of Union of India & Ors. vs. Rajeev Bansal, in Civil Appeal No. 8629 of 2024, dated 03.10.2024 the ACIT, Circle1(1), Bilaspur did not posses valid inherent jurisdiction as per the CBDT instruction (supra) to issue notice under section 148 of the Act to the assessee. Therefore, the notice under section 148 of the Act is void-ab-initio. That once the very notice under section 148 is held void-ab-initio it cannot enable framing of valid reassessment order which is, therefore, quashed. Subsequent proceedings becomes non-est as per law. Rest other grounds stand academic only.
As per the above terms the appeal of the assessee is allowed.
Order pronounced in open court on 24th day of June, 2026.
Sd/- (PARTHA SARATHI CHAUDHURY) �या�यक सद�य/JUDICIAL MEMBER रायपुर / Raipur; �दनांक / Dated : 24th June, 2026. Tanmay, Sr. PS
9 Preethi Engineering Enterprises Vs. DCIT ITA No.313/RPR/2026
आदेश क� ��त�ल�प अ�े�षत / Copy of the Order forwarded to : अपीलाथ� / The Appellant. 1. ��यथ� / The Respondent. 2. 3. The Pr. CIT-1, Raipur (C.G.) 4. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, “एक-सद�य” ब�च, रायपुर / DR, ITAT, “SMC” Bench, Raipur. गाड� फ़ाइल / Guard File. 5.
आदेशानुसार / BY ORDER, // True Copy // Senior Private Secretary आयकर अपील�य अ�धकरण, रायपुर / ITAT, Raipur
More judgments on Section 148
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- 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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