Reassessment Summary – A.Y. 2017-18

1. Original Notice u/s 148
   The first notice under section 148 was issued by the Jurisdictional Assessing Officer (JAO), Ward 31(1)(1), Mumbai on 27.04.2021, i.e., during the transition period between 01.04.2021 and 30.06.2021.

2. Subsequent Proceedings post-Ashish Agarwal Judgment
   After the Ashish Agarwal decision of the Hon’ble Supreme Court, a notice under section 148A(b) was issued on 26.05.2022 by ITO Ward 2(2)(3), Mumbai (a different officer).
   Thereafter, the order u/s 148A(d) and fresh notice u/s 148 were issued on 30.07.2022, after obtaining approval from the PCIT.

Issues for Consideration

1. Jurisdictional Validity of Notice
   The reassessment notice u/s 148 can be issued only by the Jurisdictional Assessing Officer.

   • If the subsequent notice (by Ward 2(2)(3)) was issued by an officer other than the JAO, such notice is without jurisdiction and therefore invalid in law.

2. Escapement Below ₹50 Lakhs
   As the alleged escapement of income is less than ₹50 lakhs, the reassessment itself is barred by limitation and invalid, as held by the Mumbai ITAT in:

   • Amina Aslam Qureshi v. ITO – (ITA No. 769/Mum/2025)

   • Mrs. Nayna Ashok Shah v. ITO – ITA No. 6247/Mum/2024

   • Pankaj Chandrakant Pimple v. ITO [2025] 174 taxmann.com 169 (Mum-Trib.)

3. Invalid Approval by PCIT as approval of the Principal Chief Commissioner or Principal Director General or Chief Commissioner or Director General is required.