IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘A’ NEW DELHI BEFORE SHRI SUDHIR KUMAR, JUDICIAL MEMBER AND SMT. RENU JAUHRI, ACCOUNTANT MEMBER ITA No. 6414/DEL/2025 (AYR. 2015-16)

ANIL KUMAR GARG, VS. DCIT, CIRCLE 43(1), E-15/120, 1^ST FLOOR, DELHI SHIV ROAD, SECTOR-8, ROHINI, DELHI – 110 085 (PAN: AAAPG1599A)

(APPELLANT) (RESPONDENT)

Asessee by : Sh. S.K. Gupta, CA Revenue by : Sh. Ajay Kumar Arora, Sr. DR Date of Hearing 27.1.2026 Date of Pronouncement 06.02.2026

ORDER

Per Sudhir Kumar, JM :

This appeal filed by the Assessee is directed against the order dated

26.9.2025passed by the National Faceless Appeal Centre (NFAC), Delhi for the assessment year 2015-16. At the time of hearing, both the sides have only argued the following legal issues:-

1. On the facts and circumstances of the case, the reassessment proceedings initiated u/s. 147 of the I.T. Act by issue of notice dated 21.7.2022 u/s. 148 of the I.T. Act is barred by limitation and has been initiated without making compliance of provision of section 149 read with TOLA Act, 2020 therefore, the reassessment proceedings and consequent reassessment order are void ab initio.

2. The reassessment proceedings and consequent reassessment both are invalid and without jurisdiction as the said assessment has been initiated and completed without complying with legal requirements of the provisions of section 147, 148, 148A, 151, 149 of the Act therefore, such assessment is void abintio and liable to be quashed.

2. At the time of hearing, Ld. AR has submitted with regard to ground relating to reassessment proceedings are barred by limitation is concerned, stated that the assessment year does not fall under relaxation under TOLA Act. He stated that notice u/s. 148 of the Act in the present case was issued on 30.6.2021 under un-amended Act and such notices were held to be invalid in view of the Hon’ble Apex Court recent decision in the case of UOI vs. Rajeev Bansal [2024] 167 Taxmann.com 70 (SC). He stated that Hon’ble Apex Court in the said decision has held that the time period for issuing reassessment notices under the new law for the assessment year 2015-16 remained open and available until 31^st March, 2022. Consequently, it can be safely inferred that TOLA would not apply to notices issued u/s. 148 of the act for AY 2015-16 under the old law during the period from 1^st April, 2021 to 30^th June, 2021, as the limitation period for issuing those notices under section 148 had not expired by 31^st March, 2021. Furthermore, the Supreme Court has already ruled that the new law applies to all reassessment notices upto the assessment year 20121-22, when the new reassessment regime was introduced. Therefore, TOLA relaxation does not validate the reassessment proceedings for AY 2015-16 in particular which position of law has been accepted by the department before the Hon’ble Apex court in para 19(f) therein and the Hon’ble Apex Court has not found the acceptance of the department to be without reason. He further submite that the above conclusion is further illustrated in a chart found on page

52 in paragraph 19(e) of the Apex Court’s judgement.

Assessment Within 3 Expiry of Within Six Expiry of year years Limitation years Limitation Since TOLA does not apply to the assessment year 2015-16 and the regular time limit for issuing notice under section 148 of the Act was available until 31^st March, 2022, the notices issued for the assessment year 2015-16 under the old law between 1^st April, 2021 and 30^th June, 2021 would not receive an extended period of validity. These notices would be considered invalid as they were issued under the old law which was impermissible since the new law had kicked in from 1^st April, 2021 and they did not receive a fresh lease of life under TOLA since the time limit available for reopening the said year was till 31^st March, 2022. He further submitted that recently the Hon’ble Jurisdictional High Court of Delhi in the case of IBIBO Group Private Limited vs. ACIT WP (C) 17639/202