IN THE INCOME TAX APPELLATE TRIBUNAL “H(SMC)” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI (JUDICIAL MEMBER)

AND SHRI OMKARESHWAR CHIDARA (ACCOUNTANT MEMBER)

I.T.A. No. 3409/Mum/2024 Assessment Year: 2016-17 Mahavir Co-operative Vs. ITO Ward 19(1)(1), Housing Society Limited Mumbai

2nd Floor, Flat No.16 37, ITO Ward 19(1)(1), Ridge Road, Walkeshwar Piramal Chambers, Mumbai-400006 6^th Floor, Lalbaug, PAN:AAAAM9751H Mumbai-400012 (Appellant) (Respondent)

Appellant by Shri V.H. Jariwala Respondent by Shri Pravin Salunkhe, SR. D.R.

Date of Hearing 26.03.2025 Date of Pronouncement 28.03.2025 ORDER Per: Smt. Beena Pillai, J.M.:

The present appeal filed by the assessee arises out of order dated 07/06/2024 passed by NFAC, Delhi, for assessment year

2016-17 on following grounds of appeal :

“1. On facts and in the circumstances of the case learned CIT (A) erred in upholding assumption of jurisdiction by learned A.O. to make reassessment u/s 147 read with sections 148 and 148A of the 1.T.

Act, 1961 as the same is barred by limitation provided in section

149 of the I.T. Act, 1961.

2. Assumption of jurisdiction by AO is bad in law as notice u/s 148 is issued after elapse of more than 3 years from end of releva