ITO Vs Shri Pawan Goyal (ITAT Delhi)
Section 148 Notices Issued After Cut-Off Date Non-Est – ITAT Delhi Grants Relief to Assessee; ITAT Delhi Quashes Reopening – 148 Notices Issued After 31.03.2022 Barred by Limitation
Revenue filed appeals challenging CIT(A)’s orders quashing reassessment proceedings initiated for AYs 2013-14 to 2015-16. Assessee, through Rule 27 petition, argued that the notices issued u/s 148 were time-barred.
Original notice u/s 148 had been issued on 30.06.2021 but later dropped in light of SC ruling in Ashish Aggarwal (138 taxmann.com 64). Fresh notices u/s 148 issued on 26.07.2022 & 27.07.2022 after proceedings u/s 148A. Assessee contended that under proviso to s.149, limitation for issuance expired on 31.03.2022. Hence, subsequent notices were invalid.
Tribunal relied on SC in Rajeev Bansal v. UOI [2024] 167 taxmann.com 70 (SC), which held that for AY 2015-16, all notices issued on/after 01.04.2021 were to be dropped as time-barred. It also relied on SC in Deepak Steel & Power Ltd. v. CBDT (2025), Nehal Ashit Shah (SC, 2025), & Delhi HC rulings in Ibibo Group Pvt. Ltd. (2024), Pratishtha Garg (2024), Makemytrip India Pvt. Ltd. (2025), Ram Balram Buildhome Pvt. Ltd. (2025), ADM Agro Industries (2025) & Saroj Mehndi (2025).
