Shivaaditiya Jems and Jewellery Pvt. Ltd vs. ITO (ITAT Delhi)
Dispatch Date Decides Fate: Signed on 31 March, Sent After 1 April: Email & Speed Post After 1 April Sink Old-Regime Notice-Reassessment Collapses
Delhi ITAT quashed reassessment for AY 2017-18 holding that notice dated 31.03.2021 u/s 148, though digitally signed on 31.03.2021, was actually dispatched by speed post on 06.04.2021 & emailed on 02.04.2021 and hence deemed to be issued after 01.04.2021. In Shivaaditiya Jems and Jewellery Pvt. Ltd vs. ITO, ITA Nos. 5661 & 4857/Del/2024, Tribunal relied on RTI replies of AO admitting that notice u/s 148A(b) & order u/s 148A(d) were never issued. Following Supreme Court ruling in UOI vs. Ashish Agarwal & Delhi HC judgment in Suman Jeet Agarwal vs. ITO, Tribunal held that once notice is issued after 01.04.2021, mandatory procedure u/s 148A must be followed, failing which reassessment is void ab initio. As reassessment itself was quashed, Revenue’s appeal against deletion of addition u/s 69C was held infructuous & dismissed.
FULL TEXT OF THE ORDER OF ITAT DELHI
These two appeals are filed by the assessee and revenue against the orders of the Ld.Commissioner of Income Tax (Appeals)/NFAC, Delhi [herein after referred as “CIT(A)”] for the dated 23.08.2024 for the A.Y. 2017-18.
