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ITAT Mumbai: Reopening Beyond 3 Years Invalid – ₹6 Lakh Escapement Fails ₹50 Lakh Threshold
Case Law Details
- Case Name
- Trishladevi Mukesh Jain Vs ITO (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2017-18
- Courts
- All ITAT, ITAT Mumbai
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Trishladevi Mukesh Jain Vs ITO (ITAT Mumbai)
In this case, the ITAT Mumbai quashed reassessment proceedings initiated under Section 147/148 on the ground of limitation under Section 149(1)(b).
The Tribunal noted that the notice u/s 148 was issued on 13.07.2022 for A.Y. 2017–18, i.e., beyond the normal 3-year limitation period. For such extended reopening (up to 10 years), the law mandates that the alleged escaped income must be ₹50 lakh or more.
However, in the present case, the entire basis of reopening was an alleged unexplained expenditure of only ₹6 lakh, which is far below the statu...
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