DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-1(2), KOLKATA, KOLKATA vs. M/S SIDDHESHWARI VYAPAAR PRIVATE LIMITED, KOLKATA

ITA 2550/KOL/2025Status: DisposedITAT Kolkata26 February 2026AY 2014-15Bench: SHRI RAJESH KUMAR (Accountant Member), SHRI PRADIP KUMAR CHOUBEY (Judicial Member)1 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the notices issued under Section 148 of the Act were beyond the period of limitation prescribed by Section 149(1) of the Act, especially considering the period of six years for reopening assessments in certain cases. The Tribunal relied on the Supreme Court's decision in Union of India vs. Rajeev Bansal, which clarified the position on the validity and limitation of such notices.

What were the facts?

The appeals were filed by the Revenue and assessee against the orders of the CIT(A) for AYs 2014-15 and 2015-16. The assessee filed cross objections challenging the validity of the reassessment proceedings initiated under Section 148 of the Income Tax Act, 1961, alleging they were time-barred. The Revenue challenged the deletion of additions by the CIT(A).

What were the issues?

Whether the notices issued under Section 148 of the Income Tax Act, 1961, for reassessment for AYs 2014-15 and 2015-16 were barred by limitation.

Which sections of the Income-tax Act were involved?

Section 148,Section 148A,Section 147,Section 149(1)(b),Section 69C,Section 153C,Section 132(1),Section 139(1)

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Income Tax Appellate Tribunal, “D” BENCH, KOLKATA

Before: SHRI RAJESH KUMAR, AM & SHRI PRADIP KUMAR CHOUBEY, JM

For Appellant: Shri Soumitra Choudhury
For Respondent: Shri S.B. Chakraborthy, DR
Hearing: 13.01.2026Pronounced: 26.02.2026

Per Rajesh Kumar, AM:

These are cross appeals preferred by the assessee & Revenue against the orders of the Commissioner of Income-tax (Appeals), Kolkata-20 (hereinafter referred to as the “Ld. CIT(A)”] even dated 06.

The order continues below.

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