2025 (4) TMI 653

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....rusal of the records, it is noticed that the Tribunal vide its order sheet entry dated 20.03.2025 had condoned the delay after considering the condonation application a/w. affidavit filed by the assessee. 3. In this case, the assessee has filed both legal grounds as well as grounds on merits. The Ld. Counsel for the assessee submitted that he would assail the legal ground first and if the said legal ground is answered affirmative, then the grounds on merits shall become academic only. 4. The legal issue that has been raised by the Ld. Counsel for the assessee is that notice u/s. 148 of the Act for the reassessment proceedings had been received by the assessee physically on 06.04.2018. In this regard, it has been further submitted by t....

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....which was undoubtedly beyond the three years from the end of the relevant assessment year 2013-14 i.e. on 31.03.2018 and the report is silent also whether there is any approval from the Pr. CIT obtained or not. The Ld. Sr. DR could not refute the contention of the Ld. Counsel beyond this report of the A.O nor could adduce evidence regarding approval from competent authority as per Section 151(ii) of the Act. Therefore the facts remains that notice was physically received by the assessee on 06.04.2018 and the relevant assessment year ended on 31.03.2018 which is beyond three years and the mandate of Section 151(ii) of the Act is therefore not fulfilled in case of the assessee. 6. I have heard the parties herein and perused the documents a....