DEVANAND AMARNATH PARKAR,JOGESHWARI EAST, MUMBAI vs. INCOME TAX OFFICER 41(4)(1), KAUTILYA BHAWAN, BKC, BANDRA EAST

ITA 6462/MUM/2025Status: DisposedITAT Mumbai30 January 2026AY 2017-1811 pages
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What did the Tribunal hold?

The Tribunal held that the notice issued under section 148 was barred by limitation as per the first proviso to section 149(1)(b) of the Income Tax Act, given that the escaped income was less than Rs. 50 lakhs and the notice was issued after the expiry of three years from the end of the assessment year. Consequently, the reassessment proceedings and order were quashed.

What were the facts?

The assessee's assessment for AY 2017-18 was reopened by issuing a notice under section 148 on 31.07.2022. The notice was issued more than three years after the end of the assessment year, and the alleged escaped income was Rs. 18,08,000/-, which is below the Rs. 50,00,000/- threshold for reassessment beyond three years under the new regime.

What were the issues?

Whether the notice issued under section 148 for AY 2017-18 is barred by limitation under the amended reassessment provisions, specifically considering the threshold of escaped income.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 148A,Section 149,Section 151

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Income Tax Appellate Tribunal, “K(SMC

Before: SHRI PAWAN SINGH & SHRI GIRISH AGRAWAL

Shri Sumit Mantri, CA Shri Bhagirath Ramawat, Sr. DR 15.12.2025 30.01.2026 PER GIRISH AGRAWAL, ACCOUNTANT MEMBER:

This appeal filed by the assessee is against the order of ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, vide order no. ITBA/NFAC/S/250/2025-26/1080924932(1), dated 19.09.2025, passed against the assessment order by National Faceless Assessment Center, New Delhi, u/s. 147 r.w.s 144B of the Income-tax Act (hereinafter referred to as the “Act”), dated 22.05.2023 for Assessment Year 2017-18. 2. Grounds taken by the assessee are reproduced as under:

1.

On the facts and circumstances of the case and law, the Ld CIT(A) grossly erred & failed to appreciate that the reopening of assessment vide notice u/s

The order continues below.

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