Reassessment Declared Invalid Because Notice Was Issued Without Proper Authority: ITAT:

Reassessment Declared Invalid Because Notice Was Issued Without Proper Authority: ITAT

Tribunal held the reassessment invalid because the income tax department failed to issue the notice through the correct officer.

Reassessment Fails as Notice Was Not Properly Issued

authorVanshika vermadateJan 20, 2026
Last update on Jan 20, 2026
Reassessment Declared Invalid Because Notice Was Issued Without Proper Authority: ITAT The present appeal has been filed by ACIT, and Sh. Mukesh Kumar Mohta has filed a cross-objection in the ITAT Delhi, challenging a common order dated July 29, 2024, passed by the CIT(A)/NFAC, Delhi, relating to AY 2015-16. Although there were delays of 24 days in the Revenue’s appeal and 73 days in the assessee’s cross-objection, the Tribunal condoned both delays in the interest of justice and in light of Collector, Land & Acquisition vs. Mst. Katiji & Others (1987) 167 ITR 471 (SC).
GST Seizure Beyond Limitation Invalid: Gujarat High Court Orders Release of Gold & Bank Accounts
The assessee first raised a legal objection that the reassessment, itself was invalid because the notice under section 143(2) was issued by the ITO, Ward-63, whereas the final assessment was completed by the ACIT, Circle-63(1), without any proof of lawful transfer of jurisdiction between them. The revenue could not justify how the ITO had authority to issue the notice, especially when the returned income was Rs 58,73,920, nor could it produce any order showing transfer of jurisdiction to the ACIT. Tribunal added that, because of these two serious procedural lapses, the assessment itself is treated as invalid from the very beginning (non-est in law), and therefore the entire assessment is quashed.
ITAT Allows Deduction Claim Under Section 10A of Income Tax Act Subject to Verification
As a result, the tribunal dismissed the revenue’s appeal and allowed the assessee’s cross-objection.

About Author

Vanshika verma

Content Writer

Vanshika Verma is a Content Writer with 1+ year of experience at Studycafe.in. A B.Com graduate from Delhi University, She writes articles on Finance, Tax, ICAI, GST, and the latest financial news, with a focus on making complex topics easy for readers and professionals.
Studycafe
Delhi, Delhi, India
1540
Up Next

Loading suggestions…