2025 (7) TMI 179

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....he Income-tax Act, 1961 (hereinafter referred to as 'the Act') dated 30.03.2022 by the Assessing Officer, NFAC, Delhi (hereinafter referred to as 'ld. AO'). 2. The only effective issue to be decided in this appeal of the revenue is as to whether the Learned CITA was justified in quashing the reassessment proceedings as bad in law in the facts and circumstances of the instant case. 3. We have heard the rival submissions and perused the materials available on record. The return of income for the assessment year 2015-16 was originally filed by the assessee on 15-09-2015 declaring taxable income of Rs 9,42,790/-. This return was duly processed under section 143(1) of the Act accepting the returned income. Subsequently, based on the inform....

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....ection 143(2) of the Act was ever issued to the assessee in the reassessment proceedings. It is also not in dispute that reasons recorded for reopening the assessment were also not furnished by the Learned AO to the assessee despite making a specific request in that regard. The only shield of the revenue is that the return filed by the assessee in response to notice under section 148 of the Act on 25-05-2021 was not everified and accordingly the Learned AO had treated the return as non-est. Since the return was treated as non-est, the stand of the revenue is that there was no requirement for the Learned AO to either issue notice under section 143(2) of the Act or furnish the reasons recorded for reopening the assessment. But we find from th....