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Judgment
This assessee’s appeal for assessment year 2017-18, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2026-27/1088899752(1), dated 08.05.2026 involving proceedings under section 147 r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case file perused.
Suffice to say, it transpires during the course of hearing that the learned departmental authorities have set into motion section 148/147 proceedings in the assessee’s case alleging immovable properties purchases of Rs.58 lakhs whereas the reassessment framed on 18.03.2025 has added a sum of Rs.20.70 lakhs only qua the same. There is further no denial that the impugned assessment year is 2017-18 wherein the learned assessing authority had issued section 148 notice to the assessee on 19.03.2024 i.e. beyond the period of three years as prescribed in section 149(1)(b) of the Act.
This being the clinching factual position and the impugned addition below Rs. 50 lakhs, I hereby quote Naresh Balchandrarao Shinde v. ITO [2023] 146 taxmann.com 66 to quash the reopening itself as initiated in violation of section 149(1)(b) of the Act. Ordered accordingly.
All remaining pleadings between the parties on merits stand rendered academic.
This assessee’s appeal is allowed.