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Judgment
This assessee’s appeal for Assessment Year 2017-18 arises against the C IT(A)/NFAC, De lhi’ s DIN & order No. ITBA/NFAC/S/250/2025-26/1083730856(1) dated 16.12.2025, in proceedings u/s 147 r.w.s. 143(3) of the Income Tax Act, 1961 (in short “ the Act”).
Heard both the p arties at length. Case file perused.
Coming to the first and fore most legal issue of validity of the impugned reopening itse lf, it transpires during the course of hearing that both the learned lower author ities had set into motion section 148A proceedings in the assessee’s case vide notice dated 14.03.2024 for the purpose of adding its alleged income escaping assessment to the tune of Rs.24,13,043/-u/s 37 of the Act, which co mes less than Rs.50 ,00,000/-, as per section 149(1)(b) of the Act. This tribunal therefore finds merit in the assessee’s first and foremost legal ground and argument that such a reopening beyond the specified period of three years could not have been initiated since involving lower than the prescribed limit of Rs.50,00,000/-. T he Revenue’s vehement contentions supporting the same are hereby rejected in very terms.
All other remaining pleadings between the par ties stand rendered acade mic.
This assessee’s appeal is allowed.