SANDHYA ANIL SONI,NASHIK vs. ITO WARD 2(1), NASHIK

ITA 1518/PUN/2024Status: DisposedITAT Pune24 September 2026AY 2015-169 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the notice under Section 148, issued on July 25, 2022, for AY 2015-16, was bad in law and time-barred. This was based on the concession made by the Revenue and various judicial precedents regarding the applicability of TOLA and the limitation period for reopening assessments.

What were the facts?

The assessee's assessment for AY 2015-16 was reopened by issuing a notice under Section 148 on July 25, 2022. The assessee argued that this notice was time-barred as it was issued beyond six years from the end of the assessment year.

What were the issues?

Whether the notice issued under Section 148 for AY 2015-16 was within the prescribed limitation period, considering the provisions of TOLA and the concessions made by the Revenue.

Which sections of the Income-tax Act were involved?

Section 148,Section 147,Section 148A,Section 149

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, PUNE BENCH “B”, PUNE

Before: MS. ASTHA CHANDRA & SHRI Dr. DIPAK P. RIPOTE

For Appellant: Shri Piyush Bafna, CA
For Respondent: Ms. Bhavya. I.V., Jt. CIT

PER Dr. DIPAK P. RIPOTE, A.M : This is an appeal filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals), NFAC, Delhi [Ld.CIT(A)], passed u/s. 250 of the Income Tax Act, 1961 („the Act‟) for AY 2015-16 on 24.05.2024, emanating from the Assessment Order u/s 147 r.w.s. 144B of the Act, dated 02.05.2023. Submission of Ld. AR :

2.

The Ld. AR filed paper book. The relevant paragraphs of the written submissions filed by the Ld. AR are reproduced here as under :

“1. The impugned reassessment proceedings on account of notice issued u/s 148 on 25/07/2022 for A.Y. 2015-16 is time barred and bad in law/void ab initio:

2 In this case, notice u/s 148 has been issued on 25/07/2022 i.e. b

The order continues below.

Read the full judgment

A free account opens 10 full judgments a month. Re-reading one you have already opened does not count again.

Create a free accountSign in

See plans and prices

The summary, the parties, the sections and the citations above are open to everyone and always will be. Only the text of the order and the PDF are metered.

More judgments on Section 148

All 35,022 judgments and leading authorities on Section 148 →

Recent GST High Court judgments

Search GST case law →