RMP Holdings Private Limited Vs ITO (ITAT Delhi)
ITAT Delhi quashed reassessment for AY 2012-13 as the AO wrongly recorded that assessment was being made for the first time, despite a completed scrutiny u/s 143(3). Reasons neither reflected true facts nor recorded failure of the assessee to disclose fully & truly material facts—making reopening beyond four years invalid. Approval was also found mechanical. Following its own order in assessee’s case for earlier year, the Tribunal held reopening u/s 147/148 void ab initio; additions u/s 68 became academic.
For AY 2014-15, reopening was struck down for lack of jurisdiction since sanction u/s 151 was obtained from PCIT even though more than three years had elapsed; post-FA 2021, approval had to be from Pr. CCIT/CCIT. Relying on SC in Rajeev Bansal and coordinate bench orders, the notice u/s 148 and reassessment were annulled.
Result: Assessee’s appeals for both years allowed; reassessments set aside on jurisdictional defects alone.
FULL TEXT OF THE ORDER OF ITAT DELHI
The captioned appeals are filed by the Assessee against the two separate orders of Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), for Assessment Year 2012-13 dated 16.06.2025 and Assessment Year 2014-15 dated 30.06.2025 arising out of the assessment orders passed u/s 147/143(3) of the Act.
