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Facts
The assessee filed twin appeals for AY 2017-18 against orders passed under section 147/144 of the Income Tax Act. The reassessment proceedings were initiated via a section 148 notice signed on 31.03.2021 and issued on 01.04.2021.
Held
The Tribunal held that the notice for reassessment was not validly issued either under the "old" scheme (on or before 01.04.2021) or the "new" scheme. Consequently, the impugned reopening was quashed.
Key Issues
Validity of reassessment proceedings initiated under Section 148 of the Income Tax Act with regard to the applicable scheme and timelines for issuing the notice.
Sections Cited
147, 148, 144
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Income Tax Appellate Tribunal, DELHI BENCH `SMC, NEW DELHI
Before: Sh. Satbeer Singh Godara
ORDER These assessee’s twin appeals for Assessment Year 2017- 18 arise against the CIT(A)/NFAC, Delhi’s DIN & order Nos. ITBA/NFAC/S/250/2025-26/1080998632(1) & 1080998762(1) dated 22.09.2025, in proceedings u/s 147/144 of the Income Tax Act, 1961 (in short “the Act”), respectively.
Heard both the parties at length. Case files perused.
Next comes the first and foremost issue between the parties. It emerges at the outset that going by the learned assessing authority’s twin order(s) for A.Y. 2017-18 herein that it had initiated section 148 proceedings; under the “old” scheme vide notice signed on 31.03.2021 which was admittedly issued on 01.04.2021 at 12:47:47 and delivered at 12:47:53 AM. Meaning thereby that neither the impugned proceedings have been initiated on or before 01.04.2021 under the “old” scheme nor as per the “new” scheme as the case may be, going by Suman Jeet Agarwal Vs. ITO (2022) 143 taxmann.com 11 (Del.). This being the clinching factual position, I find no merit in the impugned reopening(s) which stand quashed in very terms therefore. The Revenue’s vehement contentions in support thereof are hereby rejected.