(P.) Ltd. v. ITO

ACIT-19(3), Mumbai vs. Rishabh Avnish Mody, Mumbai

In the result, cross objection filed by the assessee is allowed and appeal filed by the revenue is dismissed

…IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, VICE PRESIDENT AND SHRI. MAKARAND VASANT MAHADEOKAR, AM Additional Commissioner of Income Rishabh Avnish Mody 242, Tahnee Heights, 66, Nepeansea Tax -19(3), Mumbai Room No. 513, 5th Floor, Piramal Vs. Road, Mumbai – 400006. Chamber, Parel Mumbai – 400012. PAN/GIR No. AHSPM2264M (Assessee) : (Respondent) C.O. No.35/Mum/2026 (Arising out of ITA No. 8101/Mum/2025) (Assessment Year: 2016-17) Rishabh Avnish Mody Additional Commissioner of 242, Tahnee Heights, 66, Nepeansea Income Tax -19(3), Mumbai Road, Mumbai – 400006. Vs. Room No. 513,…

M/S.Wellknown Polyesters Limited, Mumbai vs. Deputy Commissioner of Income Tax, Circle 4(3)(1), Mumbai

In the result, the appeal filed by the assessee stands allowed

Bench: Smt. Beena Pillai () & Shri Girish Agrawal ()

…on of the specified authority before issuing a notice under section 148. The purpose behind this procedural check is to save the assessees from harassment resulting from the mechanical reopening of assessments Sri krishna (P.) Ltd. v. ITO [1996] 87 Taxman 315/221 ITR 538 (SC)/[1996] 9 SCC 534. A table representing the prescription under the old and new regime is set out below: Regime Time limits Specified authority Before expiry of four years Section 151(2) of from the end of the relevant Joint Commissioner the old regime assessment year Principal Chief After expiry of four years Commissioner or Chief Section…

ACIT22(1), Mumbai vs. Spr Associates, Mumbai

In the result, the appeal filed by the revenue stands dismissed and the cross-objection filed by assessee stands allowed

Bench: Smt. Beena Pillai () & Shri Arun Khodpia, ()

…on of the specified authority before issuing a notice under section 148. The purpose behind this procedural check is to save the assessees from harassment resulting from the mechanical reopening of assessments Sri krishna (P.) Ltd. v. ITO [1996] 87 Taxman 315/221 ITR 538 (SC)/[1996] 9 SCC 534. A table representing the prescription under the old and new regime is set out below: Regime Time limits Specified authority Section 151(2) Before expiry of four years of the old from the end of the relevant Joint Commissioner regime assessment year Principal Chief Section 151(1) After expiry of four years Commissioner or…

Adarsh Developers, Mumbai vs. ITO, Ward 22(3)(1), Mumbai

In the result, the appeal filed by the assessee stands allowed

Bench: Smt. Beena Pillai () & Shri Jagadish ()

…on of the specified authority before issuing a notice under section 148. The purpose behind this procedural check is to save the assessees from harassment resulting from the mechanical reopening of assessments Sri krishna (P.) Ltd. v. ITO [1996] 87 Taxman 315/221 ITR 538 (SC)/[1996] 9 SCC 534. A table representing the prescription under the old and new regime is set out below: Regime Time limits Specified authority Before expiry of four years Section 151(2) of from the end of the relevant Joint Commissioner the old regime assessment year Principal Chief After expiry of four years Commissioner or Chief Section…

DCIT Central Circle- 7(1), Mumbai vs. Bhavik Prafulchandra Vora, Gujrat

In the result, the appeal filed by the revenue is dismissed and cross-objection filed by assessee is partly allowed

Bench: Smt. Beena Pillai ()

…tice under section 148. The purpose behind this procedural check is to save the assessees from harassment resulting from the mechanical 6 I.T.A. No. 7602/Mum/2025 C.O. No. 20/Mum/2026 reopening of assessments Sri krishna (P.) Ltd. v. ITO [1996] 87 Taxman 315/221 ITR 538 (SC)/[1996] 9 SCC 534. A table representing the prescription under the old and new regime is set out below: Regime Time limits Specified authority Section 151(2) Before expiry of four years of the old from the end of the relevant Joint Commissioner regime assessment year Principal Chief Section 151(1) After expiry of four years Commissioner or…

DCIT Central Circle- 7(1), Mumbai vs. Pranavkumar Prafulchandra Vora, Gujrat

In the result, the appeal filed by the revenue is dismissed and cross-objection filed by assessee is partly allowed

Bench: Smt. Beena Pillai ()

…on of the specified authority before issuing a notice under section 148. The purpose behind this procedural check is to save the assessees from harassment resulting from the mechanical reopening of assessments Sri krishna (P.) Ltd. v. ITO [1996] 87 Taxman 315/221 ITR 538 (SC)/[1996] 9 SCC 534. A table representing the prescription under the old and new regime is set out below: Regime Time limits Specified authority Section 151(2) Before expiry of four years of the old from the end of the relevant Joint Commissioner regime assessment year Principal Chief Section 151(1) After expiry of four years Commissioner or…

Dattatray Vithoba Sawant, Kalyan vs. Income Tax Officer, WD-42(2)(2), Mumbai

In the result, the appeal filed by the assessee stands allowed

Bench: Smt. Beena Pillai ()

…on of the specified authority before issuing a notice under section 148. The purpose behind this procedural check is to save the assessees from harassment resulting from the mechanical reopening of assessments Sri krishna (P.) Ltd. v. ITO [1996] 87 Taxman 315/221 ITR 538 (SC)/[1996] 9 SCC 534. A table representing the prescription under the old and new regime is set out below: Regime Time limits Specified authority Before expiry of four years Section 151(2) of from the end of the relevant Joint Commissioner the old regime assessment year Principal Chief After expiry of four years Commissioner or Chief Section…

Prabhulal Kalji Doshi, Mumbai vs. ITO Ward 19(2)(4), Mumbai

In the result, the appeal filed by the assessee stands allowed

Bench: Smt. Beena Pillai ()

…on of the specified authority before issuing a notice under section 148. The purpose behind this procedural check is to save the assessees from harassment resulting from the mechanical reopening of assessments Sri krishna (P.) Ltd. v. ITO [1996] 87 Taxman 315/221 ITR 538 (SC)/[1996] 9 SCC 534. A table representing the prescription under the old and new regime is set out below: Regime Time limits Specified authority Before expiry of four years Section 151(2) of from the end of the relevant Joint Commissioner the old regime assessment year Principal Chief After expiry of four years Commissioner or Chief Section…

Devanshi Sharma, Mumbai vs. ITO Ward 34(1)(1), Mumbai

In the result, the appeal is allowed as indicated above

Bench: Shri Saktijit Dey & Shri Makarand Vasant Mahadeokardevanshi Sharma Ito, Ward 34(1)(1) 216, 2Nd Floor, Kautaliya Bhawan, Sagar Jyoti, Plot No. 18, Vs. 6Th Road, Jvpd Scheme, G-Block, Bandra Kurla Complex, Vile Parle (W), Mumbai-400 056 Bandra (E), Mumbai-400 051 Pan/Gir No. Cmvpk 6007 Q (Appellant) : (Respondent) Appellant By : Shri Shashank Mehta Respondent By : Shri Annavaram Kosuri Date Of Hearing : 05.02.2026 Date Of Pronouncement : 10.02.2026 O R D E R Per Saktijit Dey: This Is An Appeal By The Assessee Against Order Dated 27.10.2025, Passed By National Faceless Appeal Centre (‘Nfac’ For Short), Delhi For The Assessment Year (A.Y. For Short) 2017-18. 2. In Ground No. 1, The Assessee Has Raised A Pertinent Legal Issue, Challenging The Validity Of The Order Passed U/S. 148A(D) Of The Income Tax Act, 1961 (‘The Act’ For Short) As Also The Notice Issued U/S. 148 Of The Act. Since, The Aforesaid Issue Raised By The Assessee Is A Purely Legal & Jurisdictional Issue Going To The Root Of The Matter & Affecting The Validity Of The Proceedings Initiated U/S. 147 Of The Act, We Are Inclined To Address The Issue At The Very Outset.

…s the sanction of the specified authority before issuing a notice under section 148. The purpose behind this procedural check is to save the assessees from harassment resulting from the mechanical reopening of assessments. (Sri Krishna Pvt. Ltd v. ITO [(1996) 221 ITR 538 (SC); (1996) 9 SCC 534.]) A table representing the prescription under the old and new regime is set out below: Regime Time limits Specified authority Section 151(2) of Before expiry of four years from the Joint Commissioner the old regime end of the relevant assessment year Section 151(1) of After expiry of four years from the end Principal Chief…

Suman Jagannath Sankhe, Mumbai vs. ITO Ward 41.4.4, Kautilya Bhavan, Mumbai

In the result, the appeal filed by the assessee stands allowed

Bench: Smt. Beena Pillai ()

…on of the specified authority before issuing a notice under section 148. The purpose behind this procedural check is to save the assessees from harassment resulting from the mechanical reopening of assessments Sri krishna (P.) Ltd. v. ITO [1996] 87 Taxman 315/221 ITR 538 (SC)/[1996] 9 SCC 534. A table representing the prescription under the old and new regime is set out below: Regime Time limits Specified authority Section 151(2) Before expiry of four years of the old from the end of the relevant Joint Commissioner regime assessment year Section 151(1) After expiry of four years Principal Chief Commissioner or…

Late Chanchal Hiralal Shah (Represented by Legal Heir Rohit Hiralal Shah), Mumbai vs. ITO, Ward-20(1)(1), Mumbai

In the result, the appeal filed by the assessee stands allowed

Bench: Smt. Beena Pillai ()

…on of the specified authority before issuing a notice under section 148. The purpose behind this procedural check is to save the assessees from harassment resulting from the mechanical reopening of assessments Sri krishna (P.) Ltd. v. ITO [1996] 87 Taxman 315/221 ITR 538 (SC)/[1996] 9 SCC 534. A table representing the prescription under the old and new regime is set out below: Regime Time limits Specified authority Section 151(2) Before expiry of four years of the old from the end of the relevant Joint Commissioner regime assessment year Section 151(1) After expiry of four years Principal Chief Commissioner or…

ACIT, Circle 24(1) Mumbai, Mumbai vs. Nilkamal Crates & Containers, Mumbai

Bench: Hon’Ble Justice (Retd.) C.V. Bhadang & Shri Arun Khodpia, Am

…ion of the specified authority before issuing a notice under section 148. The purpose behind this procedural check is to save the assesses from harassment resulting from the mechanical reopening of assessments Sri krishna (P.) Ltd. v. ITO [1996] 87 Taxman 315/221 ITR 538 (SC) [1996] 9 SCC 534. A table representing the prescription under the old and new regime is set out below: Regime Time limits Specified authority Section 151 (2) of the Before expiry of four years Joint Commissioner old regime from the Joint Commissioner end of the relevant assessment year Section (1) of the old After expiry of four years Princi…

Shivi Mukesh Kumar, Mumbai vs. ACIT, Circle 22(1), Mumbai

In the result, the appeal is partly allowed as indicated above

Bench: Shri Saktijit Dey & Shri Jagadishshivi Mukesh Kumar Acit, Circle 22(1) D-1402, Hubtown Seasons, Mumbai Next To Fine Arts Society, Vs. Ramakrishna Chemburkar Marg, Chembur, Mumbai-400 071 Pan/Gir No. Aqapk 9881 H (Appellant) : (Respondent) Appellant By : Shri Dharan V. Gandhi – Advocate & Ms. Vinita A. Nara – Advocate Respondent By : Shri Arun Kanti Datta – Cit Dr Date Of Hearing : 11.12.2025 Date Of Pronouncement : 17.12.2025 O R D E R Per Saktijit Dey: This Is An Appeal By The Assessee Against The Order Dated 01.07.2025, Passed By National Faceless Appeal Centre (‘Nfac’ For Short), Delhi, Pertaining To The Assessment Year (A.Y.) 2016-17. 2. Though, The Assessee Has Raised Multiple Grounds, However, At The Time Of Hearing, Ld. Counsel Appearing For The Assessee Specifically Drew Our Attention To Ground No. 6, Which Reads As Under: 6. The Sanction U/S. 151 Is Bad In Law & As A Result, The Reassessment Proceeding Is Bad In Law. 3. Referring To This Ground, Ld. Counsel Submitted, At The Very Outset, This Issue May Be Considered And, If Warranted The Other Issues Can Be Taken Up Thereafter. As Could Be Seen

…ion of the specified authority before issuing a notice under section 148. The purpose behind this procedural check is to save the assesses from harassment resulting from the mechanical reopening of assessments Sri krishna (P.) Ltd. v. ITO [1996] 87 Taxman 315/221 ITR 538 (SC) [1996] 9 SCC 534. A table representing the prescription under the old and new regime is set out below: Regime Time limits Specified authority Section 151 (2) of the old Before expiry of four years Joint Commissioner regime from the end of the relevant assessment year Section (1) of the old After expiry of four years Principal Chief Commissio…

Garima Mrityunjay Singh, Mumbai vs. ITO WD-19(1)(1), Mumbai

In the result, appeal filed by assessee stands allowed

Bench: Smt. Beena Pillai () & Girish Agrawal ()

…ion of the specified authority before issuing a notice under section 148. The purpose behind this procedural check is to save the assesses from harassment resulting from the mechanical reopening of assessments Sri krishna (P.) Ltd. v. IТО [1996] 87 Taxman 315/221 ITR 538 (SC)/[1996] 9 SCC 534. A table representing the prescription under the old and new regime is set out below: Regime Time limits Specified authority Section 151(2) of the old regime Before expiry of four years from the end of the relevant assessment year Joint Commissioner Section 151(1) of the old regime After expiry of four years from the end of…