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Tax Litigation · 7 October 2026

Reassessment Notice for AY 2015-16 Issued in 2026 Is Time-Barred, Rules Delhi High Court

Source: Originally reported by LiveLaw Biz, Taxscan, taxmann.com and studycafe.in. This article has been independently researched and rewritten in full by S&S Co. Advocates & Solicitors for informational purposes: it is not a reproduction of the original reports. Readers are encouraged to consult the original sources and the underlying judgement directly.

Reassessment notices tied to search and seizure operations carry an obvious appeal for the revenue, since a search often surfaces undisclosed income going back many years beyond what an ordinary assessment could reach. The Delhi High Court's ruling in Rita Kumari v. Income Tax Officer, delivered on 7 October 2026, is a reminder that even search-linked reassessment has an outer time limit the department cannot talk its way past.

The reassessment traced back to a search and seizure action under Section 132 conducted on 2 March 2022 at the premises of the Gaursons Group and associated entities. Acting on material gathered in that search, the department issued a notice under Section 148 to Rita Kumari on 31 March 2026, seeking to reopen her assessment for AY 2015-16 on the ground that escaped income exceeding ₹50 lakh had come to light. She challenged the notice before the Delhi High Court rather than respond to it on the merits, arguing it was barred by limitation on its face.

Justices Dinesh Mehta and Aditi Choudhary agreed with her, and the arithmetic behind that conclusion is simple once set out plainly. A notice dated 31 March 2026 falls within the financial year 2025-26, which corresponds to assessment year 2026-27. Section 149 of the Income Tax Act permits reopening going back a maximum of ten years from the relevant assessment year in cases involving income exceeding the statutory threshold, and counting back ten years from AY 2026-27 reaches only as far as AY 2017-18. AY 2015-16, the year the department actually sought to reopen, sits outside that window by a clear margin of two assessment years.

Size made no difference to that conclusion, however large the alleged escaped income. The department's argument, implicit in issuing the notice at all, was that a search-linked reassessment involving income above ₹50 lakh deserved a measure of latitude given the gravity of what the search had uncovered. The Court was unmoved by that framing. Section 149 sets an absolute outer boundary on how far back a reassessment can reach, and that boundary does not expand simply because the amount of escaped income is large or because the trigger for reopening was a search rather than routine scrutiny. A notice issued outside the statutory window is barred regardless of what it alleges.

The ruling sits alongside a developing line of Delhi High Court authority on reassessment notices for the same assessment year, AY 2015-16, issued well after the ordinary limitation period on the strength of search material. Separate proceedings involving other taxpayers have raised the same timing problem under the second proviso to Section 149(1), with the department reportedly having conceded in at least one related matter that notices for this assessment year issued on or after 1 April 2021 should simply be dropped rather than contested. Rita Kumari's case adds a direct judicial holding to that trend rather than relying only on departmental concession.

For assessees who have received or who anticipate search-linked reassessment notices reaching back many years, the case offers a concrete method for testing a notice's validity before engaging with its merits at all: identify the financial year in which the notice itself was issued, translate that into the corresponding assessment year, and count back the statutory period from there, rather than from the assessment year the department is actually seeking to reopen or from the date of the underlying search. A notice that fails this test can be challenged by writ petition without first exhausting the reassessment proceedings on the merits, as Rita Kumari did here.

The department, for its part, faces a narrowing window for search-based reassessments reaching back to assessment years in the mid-2010s, since every year that passes without action pushes the outer ten-year boundary further forward and takes earlier years permanently out of reach. Search teams and assessing officers coordinating the reopening of assessments flowing from a single search operation across multiple assessees and multiple years will need to calendar these limitation boundaries carefully, since the margin by which a notice like this one missed the mark, roughly two assessment years, is not the kind of gap that can be bridged by any argument about the gravity of the underlying search findings.

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