RONAK GEMS PRIVATE LIMITED,MUMBAI vs. DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE 2(4), MUMBAI

ITA 4604/MUM/2018Status: DisposedITAT Mumbai16 November 2022AY 2016-178 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that a notice under Section 148 cannot be issued before the expiry of the time limit for issuing a notice under Section 143(2). Reopening the assessment in such a scenario is invalid.

What were the facts?

The assessee's return for AY 2016-17 was filed on 17/10/2016. The AO issued a notice under Section 148 (reopening) on 27/02/2017, before the expiry of the time limit for issuing a notice under Section 143(2) (normal assessment).

What were the issues?

Whether the Assessing Officer has jurisdiction to reopen an assessment under Section 147/148 when the time limit for issuing a notice under Section 143(2) has not expired.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 143(2),Section 143(3)

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Income Tax Appellate Tribunal, ‘D‘ BENCH

Before: SHRI M.BALAGANESH & SMT KAVITHA RAJAGOPAL

For Appellant: Shri Dharmesh Shah
For Respondent: Smt. Mahita Nair
Hearing: 07/11/2022Pronounced: 16/11/2022

PER M. BALAGANESH (A.M):

This appeal in ITA No.4604/Mum/2018 for A.Y.2016-17 arises out of the order by the ld. Commissioner of Income Tax (Appeals)-48, Mumbai in appeal No.CIT(A)-48/I.T.-102/DCCC-2(4)/2017-18 dated 27/06/2018 (ld. CIT(A) in short) against the order of assessment passed u/s.147 r.w.s. 143(3)of the Income Tax Act, 1961 (hereinafter referred to as Act) dated 31/12/2017 by the ld. Dy. Commissioner of Income Tax, Central Circle 2(4), Mumbai (hereinafter referred to as ld. AO).

2 M/s. Ronak Gems Pvt. Ltd.,

2.

The assessee has filed additional ground as under:-

“1. On the facts and circumstances of the case,

The order continues below.

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