2024 (8) TMI 497

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... a/w. Shri Akshay Pawar For the Revenue : Shri H.M. Bhatt, Sr.DR ORDER PER B.R. BASKARAN, A.M : The assessee has filed this appeal challenging the order dated 27-03-2024 passed by the learned Commissioner of Income Tax (Appeals)-NFAC, Delhi (in short "Ld.CIT(A)") and it relates to AY. 2015-16. 2. The Ld.AR submitted that the Ld.CIT(A) has refused to condone the delay of 198 days and....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....y, Ld.AR submitted that Ld.CIT(A) was not justified in refusing to condone the delay. 3. The Ld.AR submitted that the impugned assessment is related to re-assessment proceedings initiated for AY. 2015-16. The AO has issued the notice on 29-07-2022, whereas the last date of issuing notice u/s. 148 of the Act for AY. 2015-16 was 31-03-2022. Accordingly, he submitted that re-opening of assessment ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... considered as issued within the time period. 5. We heard the parties and perused the record. Since the legal issue urged by the assessee goes to the root of the matter, we admit the same. 6. We notice that the Hon'ble jurisdictional High Court has examined the validity of the reopening notice dated 27-08-2022 issued for AY 2015-16 u/s 148 of the Act in the case of Hexaware Technologies Ltd ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....com 159)(Bom) and held that the provisions of TOLA provide that any notice issued under sec. 148 of the Act after 31st March 2021 will travel back to the original date. 6.2. With regard to the second question, the Hon'ble High Court held that the first proviso to sec. 149 of the new provisions will not enable issuing of notice u/s 148 of the Act after 1st day of April, 2021, if the notice could....