Travelport Global Distribution System BV Vs ACIT (ITAT Delhi)
ITAT Delhi Quashes Reassessment in Travelport Case – Notice u/s 148 Held Time-Barred as per Rajeev Bansal Ruling
Delhi Tribunal quashed the reassessment proceedings, holding that the notice issued u/s 148 on 29.07.2022 was barred by limitation under section 149, as interpreted by the Supreme Court in Union of India vs. Rajeev Bansal (2024 SCC OnLine SC 2693).
Assessee, a Netherlands-based entity engaged in operating the Travelport Commerce Platform, had received ₹413.94 crore from India during AY 2016-17. Revenue reopened assessment u/s 147 alleging escapement of income. Assessee contended that the notice u/s 148 was issued beyond the permissible time limit prescribed under the Taxation & Other Laws (Relaxation & Amendment of Certain Provisions) Act, 2020 (TOLA) & clarified through Ashish Agarwal (TS-399-SC-2022) & subsequent Delhi High Court rulings in Ram Balram Buildhome Pvt. Ltd. & ADM Agro Industries Latur & Vizag Pvt. Ltd.
Tribunal examined the timeline & found that, in light of the Supreme Court’s directions in Rajeev Bansal & Delhi HC’s interpretation in Ram Balram Buildhome (2025) 171 taxmann.com 99 (Del), the extended limitation expired on 23.06.2022, whereas AO issued notice on 29.07.2022 — clearly beyond the cut-off date.
