Shree Bhavani Power Projects (P) Ltd. v. ITO (2024) 165 Taxmann.com 733 / (2025) 343 CTR 325 / 247 DTR 217 / 475 ITR 155 (Delhi)(HC)

S. 147 : Reassessment-No escapement of income-Mere non-uploading of audit report not fatal-Notice and reassessment quashed-Reassessment beyond six years-Notice and order disposing the objection was quashed. [S. 80IA(7), 148, Form 10CCB, Art. 226]

Reassessment notices were issued solely on the ground that the assessee failed to digitally upload Form 10CCB. The Court held that absence of digital filing could not establish failure to disclose material facts or escapement of income. Since the audit report was otherwise furnished and available for scrutiny, S 80IA(7) was substantially complied with. For AY 2013-14, reopening was also beyond the six-year limit. Accordingly, notices u/s 148 and reassessment proceedings were quashed. (AY. 2013-14, 2014-15)

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