Nilanjana Arvinder Singh Vs DCIT (ITAT Mumbai)
Income Tax Appellate Tribunal (ITAT), Mumbai Bench, has nullified reassessment orders against advocate Nilanjana Arvinder Singh for the assessment years 2013-14 and 2014-15. The tribunal’s decision primarily rested on the finding that the reassessment notices issued under Section 148 of the Income Tax Act, 1961, were beyond the statutory period of limitation.
The appeals filed by Ms. Singh were initially delayed by 144 days. However, the ITAT condoned the delay after reviewing an affidavit from the assessee, citing her Chartered Accountant’s illness and her extensive overseas travel for work. The tribunal, referencing the Supreme Court’s pronouncement in Collector Land Acquisition, Anantnag Vs. MST Katiji and others (1987 SCR (2) 387), emphasized that procedural rules should serve justice, and substantial justice should be prioritized over technical considerations when the assessee does not benefit from the delay.
Background of the Reassessment Proceedings:
For the assessment year 2013-14, Ms. Singh, an advocate, had not filed her income tax return. Information from Form 26AS indicated that she had received professional fees amounting to INR 52,22,917, which was not disclosed. Based on this information, the Assessing Officer (AO) issued a notice under the unamended Section 148 of the Act on June 29, 2021.
