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Judgment
This assessee’s appeal for assessment year 2016-17, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, [in short, the “Ld. CIT(A)/NFAC”], Delhi’s order dated 29.03.2026 having DIN & Order No. ITBA/NFAC/S/250/2025-26/1088072534(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.
It transpires at the outset during the course of hearing that the learned departmental authorities had initiated the impugned reopening in the assessee’s case vide section 148 notice dated 24.3.2023 finally culminating the Assessing Officer’s assessment dated 05.02.2025 making additions of Rs. 23,68,269/- as upheld in the CIT(A)/NFAC’s lower appellate discussion.
That being the case, this Tribunal having noticed that the impugned reopening itself is not sustainable in law since set into motion after a time period of 6 years from AY 2016-17 and not involving any addition of more than Rs. 50 lacs as prescribed in light of section 149(1)(b) of the Act and in light of Naresh Balchandrao Shinde vs. ITO (2023) 451 ITR 149 (Bom). Quashed in very terms.
All other remaining pleadings between the parties stand rendered academic.
This assessee’s appeal is allowed.