Gurcharan Singh Vs ITO (ITAT Delhi)
Assessees challenged reassessment orders framed u/s 147 r.w.s. 144 for AY 2015-16 pursuant to notices issued u/s 148 on 20.07.2022 & 21.07.2022. Both assessees argued that the reopening was invalid as it was barred by limitation in light of the Supreme Court’s decision in Union of India Vs Rajeev Bansal (2024) 469 ITR 46 (SC) & subsequent rulings in Deepak Steel & Power Ltd. Vs CBDT (CA No. 5177/2025) & ACIT Vs Nehal Rashid Shah (SLP Civil Diary No. 57209/2024). It was contended that for AY 2015-16, the relaxation under the Taxation & Other Laws (Relaxation & Amendment of Certain Provisions) Act, 2020 (TOLA) was not applicable & therefore any notice u/s 148 issued on or after 01.04.2021 was time barred.
Tribunal noted that this precise issue had already been settled by jurisdictional Delhi High Court in Make My Trip (India) Pvt. Ltd. Vs DCIT (WP(C) 2558/2023 dated 24.03.2025) holding that reassessment notices issued for AY 2015-16 after 01.04.2021 are beyond limitation. Tribunal also relied on its own recent coordinate bench ruling in Deepak Agarwal Vs DCIT (ITA No. 2307/Del/2025 dated 23.07.2025) which had quashed reassessment on identical grounds. Since Revenue itself had conceded before Supreme Court that such notices could not survive for AY 2015-16, Tribunal found the impugned reassessments to be bad in law. Accordingly, Tribunal quashed the reassessments in both cases. All other grounds raised on merits were rendered academic & not adjudicated.
