2025 (3) TMI 1501

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....or the Respondent : Shri Sailen Samadder, Sr. DR ORDER PER BENCH : This is an appeal filed by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as "the Ld. CIT(A)"] vide order no. ITBA/NFAC/S/250/2024-25/1070140141(1) dated 06.11.2024 passed u/s. 250 of the Income Tax Act, 1961 (hereinafte....

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....t has held as under: 4. It was submitted that in view of the direction of the Hon'ble Supreme Court in the case of Rajeev Bansal (supra), the notice issued u/s. 148 of the Act is liable to be quashed and consequently the assessment order passed on 22.05.2023 is liable to be quashed. 5. In reply, the Ld. Sr. DR relied on the decision of the Hon'ble Supreme Court in the case of ACIT Vs. Deekay....

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....e with law, save and except for the issues which have been concluded in the judgment." 6. It was the submission that the issues in the appeal may be restored to the file of the Assessing Officer for verification as to whether the facts of the Rajeev Bansal (supra) applied to the case of the assessee. 7. We have considered the rival submissions. A perusal of the assessment order clearly shows....

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....(e) and (f) as extracted above clearly show that the notice u/s. 148 of the Act was to be issued at the outer limit of 31.03.2022. In the present case the notice has been issued much after 31.03.2022. In view of the principles laid down by the Hon'ble Supreme Court in the case of Rajeev Bansal (supra), it is held that the notice issued u/s. 148 is barred by limitation and consequently stands quash....