JITESHKUMAR MADHAVBHAI JAGANI,SURAT V. DY. CIT, CIRCLE-2(1)(1), SURAT

ITA 19/SRT/2026

AI Insights

This case involves an appeal by Jiteshkumar Madhavbhai Jagani against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, concerning a notice issued under Section 148 of the Income-tax Act, 1961, for the Assessment Year 2015-16. The primary legal issue was the validity of the notice issued by the Assessing Officer, which was found to be beyond the prescribed period of limitation under the amended provisions of the Act. The Tribunal's decision was influenced by previous rulings and judicial interpretations regarding the timelines for reassessment proceedings.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 830822 (ITAT-SURAT)
• Duration Of Justice: 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-01-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: DB
• Assessment Year: misc
• Appeal Filed On: 10-01-2026
• Other Referred Cases: Tirupati Shyam Enterprise vs. DCIT, Mayurkumar Babubhai Patel v. Income-tax Officer
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AJAY UKE
• Assessee Lawyers: RASESH SHAH
• Keywords: Reassessment proceedings; Period of limitation
• Section: 148

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL SURAT BENCH, SURAT BEFORE DR. B.R.R. KUMAR, VICE-PRESIDENT MS SUCHITRA RAGHUNATH KAMBLE, JUDICIAL MEMBER I.T.A. No. 19/SRT/2026 (Assessment Year: 2015-16) Jiteshkumar Madhavbhai Jagani, C-606, The Laurels, Opp – Capital Green, Bharthana, Vesu, Surat - 395007 [PAN: ADVPJ2044H] Vs. ACIT, Circle – 1(2), Surat (Appellant) .. (Respondent) Appellant by : Shri Rasesh Shah, CA Respondent by: Shri Ajay Uke, Sr. DR Date of Hearing 20.01.2026 Date of Pronouncement 23.01.2026 O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT: This appeal has been filed by the assessee against the order passed by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, [hereinafter referred to as “Ld. CIT(A)”] dated 20.11.2025, under section 250 of the Income-tax Act, 1961 [in short “the Act”] for the Assessment Year 2015-16. 2. Heard arguments of both parties and perused the record. On going to the record, we find that the notice u/s 148 issued by the Assessing Officer by Assessment Year 2015-16, dated 30.07.2022 is barred by limitation and therefore, unsustainable in law. 3. Reliance is being placed on the order of the Co-ordinate Bench of ITAT, Surat in case of Tirupati Shyam Enterprise vs. DCIT, in ITA No.318/Srt/2025, dated 30.10.2025 for the Assessment Year 2015-16. For the sake of ready reference, the operative part of the said order is reproduced as under: Printed from counselvise.com ITA No. 19/Srt/2026 Asst. Year: 2015-16 - 2– 5.1 The learned Counsel further pointed out that the impugned notice under Section 148 of the Act was issued on 26th July, 2022, under the amended provisions of the Act. However, in terms of the new law, the outer limit for initiation of reassessment proceedings extended only upto 31st March, 2022, i.e., within six years from the end of the relevant assessment year. Consequently, the notice dated 26th July, 2022 stood issued clearly beyond the prescribed period of limitation and was thus void ab initio. Reliance was further placed on the judgment of the Hon'ble Gujarat High Court in Mayurkumar Babubhai Patel v. Income-tax Officer (2024) 176 taxmann.com 25 (Guj.)], wherein a similar view was taken. 4. Following the decision of Co-ordinate Bench of ITAT, Surat in case of Tirupati Shyam Enterprise (supra), ground No.1 is allowed. In the absence of any change in the legal preposition and the factual matrix the appeal of the assessee is hereby allowed. 5. In the result, the appeal of the assessee is allowed. The order is pronounced in the open Court on 23.01.2026. Sd/- Sd/- (SUCHITRA R. KAMBLE) (DR. B.R.R. KUMAR) JUDICIAL MEMBER VICE-PRESIDENT Surat; Dated 23.01.2026 **SAMANTA आदेश की Ůितिलिप अŤेिषत/Copy of the Order forwarded to : 1. अपीलाथŎ / The Appellant 2. ŮȑथŎ / The Respondent. 3. संबंिधत आयकर आयुƅ / Concerned CIT 4. आयकर आयुƅ(अपील) / The CIT(A)- 5. िवभागीय Ůितिनिध, आयकर अपीलीय अिधकरण,/ DR, ITAT, Surat 6. गाडŊ फाईल / Guard file. BY ORDER, // TRUE COPY // Asstt. Registrar, Surat Printed from counselvise.com "