PARMOD KUMAR,DELHI V. CENTRAL CIRCLE 18, DELHI, DELHI

ITA 3393/DEL/2025

AI Insights

The case involves an appeal by Parmod Kumar against the order of the Commissioner of Income Tax (Appeals)-27, New Delhi, concerning an assessment for the year 2015-16. The primary contention was the validity of a notice issued under section 148 of the Income Tax Act on 27.04.2022, which the assessee argued was time-barred according to section 149(1)(a) of the Act. The assessee's counsel referenced a Supreme Court decision which indicated that all notices for the assessment year 2015-16 issued on or after 01.04.2021 were to be considered invalid if they did not meet the completion deadline set by the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020. The Tribunal agreed with the assessee, leading to the quashing of the notice and the assessment made pursuant to it.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 829052 (ITAT-NEW DELHI)
• Duration Of Justice: 7 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-01-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Delhi
• Assessment Year: misc
• Appeal Filed On: 23-05-2025
• Other Referred Cases: Union of India and Others Vs. Rajeev Bansal [469 ITR 46], Union of India and others Vs. Ashish Agarwal
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANKUSH KALRA
• Assessee Lawyers: VIVEK KUMAR

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘E’: NEW DELHI BEFORE SHRI C.N. PRASAD, JUDICIAL MEMBER AND SHRI NAVEEN CHANDRA, ACCOUNTANT MEMBER ITA No.3393/Del/2025 [Assessment Year: 2015-16] Parmod Kumar, B-10, Vinoba Kunj, Sector- 9, Rohini, Naharpur, North West Delhi-110085 PAN No. AEQPK9723A Vs. Central Circle 18 Delhi Appellant Respondent Assessee by Sh. Vivek Kumar, CA Revenue by Ms. Ankush Kalra, Sr. DR Date of Hearing 20.11.2025 Date of Pronouncement 14.01.2026 ORDER PER C.N. PRASAD, JM, This appeal is filed by the assessee against the order of the Ld.Commissioner of Income Tax (Appeals)-27, New Delhi vide order dated 31.01.2025 for the A.Y. 2015-16. 2. The Ld. Counsel for the assessee at the outset submitted that proceedings initiated under notice dated 27.04.2022 u/s.148 of the Act for the A.Y.2015-16 are time barred as per section 149(1)(a) of the Act. The Ld. Counsel for the assessee referring to the decision of the Hon’ble Supreme court in the Printed from counselvise.com Page | 2 case of Union of India and Others Vs. Rajeev Bansal [469 ITR 46] submitted that as a matter of fact the revenue conceded that for the A.Y. 2015-16 all notices issued on or after 01.04.2021 will have to be dropped as they will not fall for completion during the period prescribed under Taxation and other laws (Realizations and Amendment of Certain provision) Act 2010. 3. The Ld. Counsel for the assessee, therefore, submitted that the notice dated 27.04.2022 which was validated by virtue of the decision of the Hon’ble Supreme Court in the case of Union of India and others Vs. Ashish Agarwal cannot survive since the TOLA provision do not apply for the A.Y.2015-16. We find force in the submissions of the Ld. Counsel for the assessee. Since, the revenue has conceded that for the A.Y.2015-16, all notices issued on or after 01.04.2021 will have to be dropped the notice issued in the present case dated 27.04.2022 which was issued after 01.04.2021 and was validated by the virtue of the decision of the Hon’ble Supreme Court in the case of Ashish Agarwal, the proceedings fall for completion. Thus, we hold that the notice dated 27.04.2022 issued u/s.148 of the Act is barred by limitation and consequently the assessment made pursuant to such notice is void ab initio and the same is quashed. 4. In the result, the appeal of the assessee is allowed. Printed from counselvise.com Page | 3 Order pronounced in the open court on 14.01.2026. Sd/- Sd/- [NAVEEN CHANDRA] [C.N. PRASAD] ACCOUNTANT MEMBER JUDICIAL MEMBER Dated:14.01.2026 NEHA , Sr.P.S.* Copy forwarded to: 1. Appellant 2. Respondent 3. PCIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi Printed from counselvise.com "