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Judgment
This assessee’s appeal for assessment year 2019-20, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, [in short, the “Ld. CIT(A)/NFAC”], Delhi’s order dated 17.12.2025 having DIN & Order No. ITBA/NFAC/S/250/2025-26/1083792385(1), involving proceedings under section 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case file perused.
Delay of 87 days in filing of the instant appeal is condoned in the larger interest of justice in light of Collector Land Acquisition vs. Mst. Katiji & Ors (1987) 167 ITR 471 (SC).
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. 13,07,106/- vide return submitted on 30.10.2019. 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-city disclosing up to Rs. 20 lakhs income had to be assessed by an Income Tax Officer than the Assistant or Deputy commissioner of the Income Tax; as the case may be. And that going by page 34 of the paper book, it was the learned Assistant Commissioner of Income Tax, Circle 19(1) who had issued section 148 notice to the assessee on 12.04.2023 followed by the impugned assessment herein.
This clinching factual position has got un-rebutted from the Revenue side.
Faced with this situation, the tribunal hereby finds merit in the assessee’s plea that the impugned re-assessment initiated and framed by the learned Assessing Officer /ACIT is contrary to the CBDT’s aforesaid landmark circular / instruction no. 1 of 2011; in very terms. Quashed accordingly.
All remaining pleadings on merits between the parties stand rendered academic.
This assessee’s appeal is allowed.