Eash Kumar Sarna Vs ITO (ITAT Delhi)
148 Notice for AY 2015-16 Time-Barred After Rajeev Bansal – Reassessment Quashed as Beyond Limitation
The Delhi ITAT allowed both appeals and quashed the reassessment proceedings for AY 2015-16 in the cases of two assessees on the ground that the notice issued under Section 148 on 22.07.2022 was barred by limitation. The Tribunal held that in view of the Supreme Court judgment in UOI v. Rajeev Bansal (469 ITR 46), the last permissible date for issuing notice under the old regime for AY 2015-16 was 31.03.2022, and that TOLA was not applicable to AY 2015-16.
The Tribunal noted that the Revenue itself had conceded before the Supreme Court that for AY 2015-16 all notices issued on or after 01.04.2021 must be dropped, and therefore any notice issued after 31.03.2022 is without jurisdiction. Relying also on the coordinate bench ruling in Harish Kumar v. NFAC, it held that the notice dated 22.07.2022 and the consequent reassessment completed on 19.05.2023 were void ab initio and unsustainable in law.
Accordingly, the reassessment orders in both cases were set aside in entirety and both appeals were allowed.
FULL TEXT OF THE ORDER OF ITAT DELHI
These appeals filed by the different Assessees are arising out of the respective orders of Ld. CIT(A)/NFAC, Delhi in Appeal Nos. NFAC/2014-15/10280723 & NFAC/2014-15/10280727 both dated 24.9.2025. In both the cases, assessment were framed by the AO/NFAC, Delhi for the AY 2015-16 u/s. 147 read with section 144B of the Income Tax Act, 1961 (hereinafter referred as the Act) vide order dated 24.9.2025 and 25.5.2023 respectively. Since common issue has been argued in both the appeals, hence, the appeals were heard together and disposed of by this common order for the sake of convenience, by dealing with ITA No. 6235/Del/2025 (Eash Kumar Sarna).
