Indra Enterprises vs Commissioner Of Income Tax

This assessee’s appeal for assessment year 2018-19, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, [in short, the “Ld. CIT(A)/NFAC”], Delhi’s order dated 26.03.2026 having DIN & Order No.-ITBA/NFAC/S/250/2025-26/1087936862(1), involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

Heard both the parties. Case file perused.

Coming to the assessee’s first and foremost legal ground / argument raised herein, it emerges during the course of hearing that it had declared total loss of Rs.9,64,896/- vide the return submitted on 14.11.2018. Learned counsel next invites the tribunal’s attention on the CBDT land mark circular / instruction no. 1 of 2011 that such a return filed in a metro-cities up to Rs. 20 lakhs had to be assessed by Income Tax Officer than the Assistant or Deputy commissioner of the Income Tax; as the case may be. And that going by page 18 of the paper book, it was the learned Assistant Commissioner of Income Tax who had issued section 143(2) notice to the assessee on 22.09.2019 followed by the impugned assessment at page 19 of the paper book.

Faced with this situation, the tribunal hereby finds merit in the assessee’s case that the impugned assessment framed by the Assessing Officer contrary to CBDT’s landmark circular / instruction no. 1 of 2011; in very terms. Quashed accordingly.

This assessee’s appeal is allowed.