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Facts
The Revenue appealed against the CIT(A)'s order for AY 2015-16, questioning the validity of reassessment proceedings. The core dispute revolved around whether the notice issued under Section 148 of the Income Tax Act was time-barred.
Held
The Tribunal upheld the CIT(A)'s decision, concluding that the notice under Section 148, issued on 29.07.2022, was indeed time-barred. This was based on the Supreme Court's ruling in Union of India & others Vs. Rajeev Bansal, which stipulated a deadline of 16.06.2022 for issuing such notices in this case.
Key Issues
Whether reassessment proceedings initiated via a Section 148 notice are valid if issued beyond the time limit prescribed by the Supreme Court in the Rajeev Bansal case.
Sections Cited
148, 147, 148A, 144B, 149, 151
AI-generated summary — verify with the full judgment below
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.