Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

Reassessment Quashed – Escaped Income Below ₹50 Lakh; Wrong Sanction Authority: ITAT Mumbai

Case Law Details

TaxGuru Citation
2026 taxguru.in 2220
Case Name
Late Chanchal Hiralal Shah Vs ITO (ITAT Mumbai)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
Advertisement

Late Chanchal Hiralal Shah Vs ITO (ITAT Mumbai)

Reassessment notice invalid – Escaped income below ₹50 lakh & wrong sanctioning authority – Entire proceedings quashed – ITAT Mumbai

In Late Chanchal Hiralal Shah vs ITO (A.Y. 2017-18), reassessment was initiated alleging difference between purchase consideration and stamp duty value of property, leading to proposed addition u/s 56(2)(vii)(b). The assessee challenged validity of notice issued u/s 148 under the new regime on limitation and sanction grounds.

The ITAT examined the provisions of sections 149 and 151 along with the Supreme Court ruling in Union of India v. Rajeev Bansal. It noted that the alleged escaped income was below ₹50 lakh and the notice dated 30-07-2022 was issued beyond three years from the end of the relevant assessment year. Under the amended law, reopening after three years is not permissible where escaped income is below ₹50 lakh. Further, sanction was granted by the Principal Commissioner instead of the higher specified authority, making the jurisdiction defective.

Accordingly, the Tribunal held that non-compliance with section 151 rendered the notice u/s 148 and subsequent reassessment proceedings void ab initio. Since the reassessment itself was quashed, the addition u/s 56(2)(vii)(b) on merits became academic. The assessee’s appeal was allowed.

Paid content

Become a Premium Member, or log in if you are already a Premium member.

Advertisement

Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,941

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.