ITO WD-3(1), KOLKATA vs. PERFECT WAHERS & FASTENERS (P) LTD, KOLKATA
What did the Tribunal hold?
The Tribunal upheld the CIT(A)'s decision, finding that the notice under Section 148 dated 29.07.2022 was issued beyond the permissible time limit as per the Supreme Court's ruling in Rajeev Bansal. Therefore, the reassessment proceedings were deemed invalid.
What were the facts?
The Revenue appealed against the CIT(A)'s order which held that the reassessment proceedings for AY 2015-16 were time-barred. The original notice under Section 148 was issued on 18.06.2021, and the subsequent notice was issued on 29.07.2022.
What were the issues?
Whether the reassessment notice issued under Section 148 was time-barred in light of the Supreme Court's decision in Union of India & Others Vs. Rajeev Bansal.
Which sections of the Income-tax Act were involved?
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Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Union of India v. Rajeev Bansal713 citing469 ITR 46 · 2024 · SC · Read judgment
- State of A P v. A P Pensioners Association37 citing13 SCC 161 · 2005
Income Tax Appellate Tribunal, “D” BENCH, KOLKATA
Before: SHRI RAJESH KUMAR, AM & SHRI PRADIP KUMAR CHOUBEY, JM
This is an appeal preferred by the Revenue against the order of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 17.09.2025 for the AY 2015-16.
The only issue raised by the Revenue is against the order of ld. CIT (A) holding that 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.
The facts in brief are that the assessee company is engaged in the business of Manufacturing and Exporter of Industrial Fasteners.
Aggrieved assessee preferred the appeal before the ld. CIT (A), who allowed the appeal of the assessee by observing and holding as under:-
“6.0 CIT’s Decision: 6.1 The grounds of appeal, assessment order and submissions of the appellant have been carefully considered and adjudicated as under: 6.2 The grounds of appeal, copy of assessment order, submission of the appellant, statement of facts and Form 35 have been carefully considered and adjudicated as under: 6.3 The appellant, is company, has filed his return of income for the Assessment Year 2015-16 on 30.09.2015 declaring total Income of
After hearing the rival contentions and perusing the materials available on record, we find that the notice u/s 148 of the Act in the present case could have been issued till 16.06.2022 whereas the
In the result, the appeal of the Revenue is dismissed.
Order pronounced in the open court on 20.01.2026.
More judgments on Section 148
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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