Malti Yadav vs Income Tax Officer

This assessee’s appeal for Assessment Year: 2016-17, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)”], Delhi’s DIN and Order No. ITBA/NFAC/S/250/2025-26/1086829573(1), dated 04.03.2026 involving proceedings under section 147 r.w.s. 144 of the Income Tax Act, 1961 (hereinafter referred to as the ‘the Act’).

Heard both the parties. Case file perused.

It emerges at the outset during the course of hearing that the learned lower authorities have set into motion section 148/147 proceedings against the assessee for the purpose of assessing her long term capital gains amounting to Rs. 42,72,675/- forming sole subject matter of addition in assessment order passed on 11.03.2024 as upheld in the lower appellate discussion.

That being the case this tribunal finds merit in the assesse’s legal argument in light of section 149(1)(b) that for assessment year 2016-17 herein, the learned lower authorities action issuing section 148 notice on 25.03.2023, i.e., beyond the maximum period of five years and three months, is not sustainable in law for want of pecuniary limit of the income sought to be assessed coming to Rs. less than Rs.50 lakhs. This clinching factual position has gone unrebutted from the Revenue side. I accordingly quash the impugned reopening that this precise reason above in very terms.

This assessee’s appeal is allowed.