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Facts
The assessee, a non-filer, engaged in capital asset transactions of ₹40 lakhs and deposited ₹20.34 lakhs cash in AY 2015-16. Consequently, the assessment was reopened u/s 147 of the Income Tax Act, and a notice u/s 148 was issued on 12.04.2022, leading to an assessment order of ₹60.34 lakhs which was affirmed by the CIT(A).
Held
The Tribunal held that the notice issued u/s 148 on 12.04.2022 for AY 2015-16 was barred by limitation. It was determined that the relaxation granted by TOLA for the period 01.04.2021 to 30.06.2021 was not applicable to AY 2015-16, in line with Supreme Court and High Court judgments. Therefore, the reopening of assessment and the assessment framed were quashed.
Key Issues
Whether the reopening of assessment for AY 2015-16, initiated by a notice u/s 148 dated 12.04.2022, was barred by limitation due to the non-applicability of TOLA's extended period.
Sections Cited
147, 148, 142(1), 144, 144B
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IN THE INCOME TAX APPELLATE TRIBUNAL "A" BENCH, KOLKATA
BEFORE SHRI RAJESH KUMAR, AM AND SHRI PRADIP KUMAR CHOUBEY, JM
ITA No. 1664/KOL/2025 (Assessment Year: 2015-16)
Kakoli Debanshi
ITO, Ward 3(1)
Rabindra pally, Suri, Birbhum, West Bengal-731101 Vs.
Aaykar Bhawan Poorva, Lal Kuthi Para, Suri, Birbhum, West Bengal-731101
(Appellant) (Respondent)
PAN No. ADJPD0340A
Assessee by : Shri Manish Tiwari , AR Revenue by : Shri Kapil Mandal, DR
> Date of hear ing: 04 .11 .2025 Date of pronouncement: 11 .11.2025
O R D E R
Per Rajesh Kumar, AM:
This is an appeal preferred by the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the "Ld. CIT(A)"] dated 13.06.2025 for the AY 2015-16.
- 02. The only issue raised by the Counsel of the assessee is in respect of A.Y. 2015-16, being time barred by limitation in consonance with the decision of the Hon'ble Apex Court in the case of Union of India and other Vs. Rajeev Bansal [2024] 469 ITR 46 (SC), dated 03.10.2024. - 03. The facts in brief are that the assessee is a non-filer of return but as per information available on record the assessee has entered into transaction in respect of transfer of capital assets of ₹40,00,000 and deposited cash amounting to ₹20,34,000/- during the year. Therefore,
the case of the assessee was reopened u/s 147 of the Act and notice u/s 148 of the Act dated 12.04.2022 was issued. In the assessment proceedings notice u/s 142(1) of the Act and show cause notice dated 14.11.2023 were issued, which were not complied with by the assessee. Accordingly, the assessment was framed u/s 147 read with section 144/144B of the Act vide order dated 05.02.2024 and assessed the income of the assessee at ₹60,34,000/-, which was also affirmed by ld. CIT(A).
The Ld. Counsel vehemently submitted before us that the notice issued u/s. 148 of the Act is barred by limitation as benefit of TOLA is not available to the assessment year 2015-16. The assessee relied on in defense of his arguments on the decision of Hon'ble Apex Court in the case of Rajeev Bansal (Civil Appeal No.8629 of 2024, reported in 167 taxmann.com 70 (SC) pronounced on 03.10.2024 which has been followed by Hon'ble Delhi Court in the case of Ibibo Group Pvt. Ltd. Vs. ACIT in WP(C) No. 17639/2022 order dated 13.12.2024 wherein it has been held that reopening of assessment for 2015-16 is not permissible in the extended period as per TOLA on and from 01.04.2021. The said decision has been followed by the Coordinate Bench in the case of Orbit Financial Capital, ITA No. 5812/M/2024. The ld. AR submitted that even the Coordinate Bench in the case of Coplama Products Pvt. Ltd. in ITA No. 1806/Kol/2024 pronounced on 31.01.2025 has followed the said decision. Thereafter, the Rajasthan High Court in WP No. 3667 of 2023 vide its order dated 27.01.2025 has taken the similar view. The Ld. AR, also relied on the decision of Hon'ble Apex Court in the case of Deepak Steel & Power Ltd Vs CBDT (2025) 174 taxmann.com 144(SC) and therefore, prayed that the assessment framed may kindly be quashed.
After hearing the rival contentions and perusing the material available on record, we find that undisputedly, the notice u/s. 148 of the Act was issued on 12.04.2022 which falls beyond the period of limitation as the relaxation granted by TOLA w.e.f. 01.04.2021 to 30.06.2021 is not available in the impugned assessment year as has been held in the case of Rajeev Bansal(supra) by the Hon'ble Apex Court and thereafter the said decision has been followed in the case of Ibibo Group Pvt. Ltd. (supra). We note that the Hon'ble Delhi High Court in the case of Ibibo Group Pvt. Ltd. (supra) held that the reopening of assessment for Ay 2015-16 is not permissible in the extended period as per TOLA on and from 01.04.2021. We also note that Hon'ble Rajasthan High Court in WP No. 3667 of 2023 dated 27.01.2025 has taken a similar view. The Hon'ble Apex court in the case of Deepak Steel & Power Ltd Vs CBDT(supra) has laid the same ratio. Considering the facts of the assessee's case in the light of the aforesaid decisions, we are inclined to hold that the reopening of assessment is barred by limitation and is accordingly quashed. The assessment framed is also quashed.
In the result, the appeal of the assessee is allowed.
Order pronounced in the open court on 11.11.2025.
Sd/- Sd/- (PRADIP KUMAR CHOUBEY) (RAJESH KUMAR)
(JUDICIAL MEMBER) (ACCOUNTANT MEMBER)
Kolkata, Dated: 11.11.2025
Sudip Sarkar, Sr.PS
Copy of the Order forwarded to:
- 1. The Appellant - 2. The Respondent - 3. CIT - 4. DR, ITAT, - 5. Guard file.
BY ORDER,
True Copy//
Sr. Private Secretary/ Asst. Registrar Income Tax Appellate Tribunal, Kolkata