Sangeeta Khandelwal Vs DCIT (ITAT Delhi)
Assessee challenged reopening notices issued u/s 148 dated 19.07.2022 for A.Ys. 2013-14 & 2015-16, contending that they were barred by limitation as per the Supreme Court ruling in Union of India & Ors. Vs. Rajeev Bansal [2024] SCC Online SC 2693.
AO & CIT(A) justified the action, but Tribunal noted that Delhi High Court in ADM Agro Industries Latur & Vizag (P) Ltd. v. ACIT [2025] 174 taxmann.com 725 (Del) and Ram Balram Buildhome Pvt. Ltd. v. ITO [2025:DHC:547-DB] had already held that when the extended time limit under TOLA and the exclusions provided by Supreme Court in Ashish Agarwal & Rajeev Bansal are computed, the final permissible date for issuing fresh notice was 24.06.2022.
Since the AO issued notices only on 19.07.2022, they were time-barred u/s 149, rendering the reassessment proceedings invalid. Accordingly, Tribunal quashed the notices & consequential reassessments for both years, allowing the Appeals in full.
Held: Reassessment notices issued beyond 24.06.2022 violate limitation prescribed u/s 149 as interpreted in Rajeev Bansal; proceedings quashed.
FULL TEXT OF THE ORDER OF ITAT DELHI
The above captioned Appeals are filed by the Assessee against the orders of Ld. Commissioner of Income Tax (Appeals)/national Faceless appeal Centre) Delhi (‘Ld. CIT(A)’/’ NFAC’ for short), dated 11/03/2025 for the Assessment Year 2013-14 and 2015-16 respectively.
