AI Drafter 
TaxTMI 
TaxTMI 
2025 (7) TMI 814
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.... 144 r.w.s 147 of the Income Tax Act, 1961 (hereinafter referred to as "the Act") for the Assessment Year 2011-12. "1. That having regard to the facts and circumstances of the case, Ld. CIT(A) has erred in law and on facts in confirming the action of Ld. AO in passing the impugned reassessment order u/s 144/147 and that too without assuming jurisdiction as per law and without complying the mandatory conditions of section 147 to 151 of the Act and impugned case has been reopened without recording 'reason' and without obtaining approval of the higher authority u/s 151 in accordance with law. 2. That in any case and in any view of the matter, action of Ld. CIT(A) in confirming the action of Ld. AO in passing the impug....
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.... that the notice under Section 148 was never served upon the assessee. 3. On the other hand, the Ld. DR relied on the report of the AO dated 30.01.2025 which is reproduced as follows: 4. The Ld. DR also submitted before the Bench that the details of dispatch of notice under Section 140 the same is reproduced as follows: 5. It is manifested that the notice has been served on 10.04.2018 the last date for the issue of notice was 31.03.2018. The point to be adjudicated as to whether the delayed submission of notice by 10 days is fatal to the assessment. We deem it expedient to reproduced: "This is an appeal by the Revenue by special leave and is directed against the judgment of the Gujarat High Court dt. 20th Aug, 1973, in a w....
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....e case Banarsi Debi vs. ITO (1964) 53 ITR 100 (SC), where the validity of a notice under s. 34(1) of the Indian IT Act, 1922, and the scope of s. 4 of the IT (Amendment) Act of 1959 by which sub-section (4) was introduced into s. 34 were considered. This Court indicated keeping the provision of s. 34 in view, that there was realist no distinction between the "Issue" and "Service of notice". Sec. 34, sub-section (1) as far as relevant provided thus : "34. (1) If- (a)........ (b)......... he may in cases falling under cl. (a) at any item within eight years and in cases falling under cl. (b) at any time within four years of the end of that year serve on the assessee, and may proceed to assesses or reassess s....
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.... issued within the prescribed period of limitation as 31st March, 1970, was the last day of that period. Service under the new Act is not a condition precedent to confirm of jurisdiction on the ITO to deal with the matter but it is a condition precedent to the making of the order of assessment. The High Court, in our opinion lost sight of the distinction and under a wrong basis felt bound by the judgment in Banarsi Debi vs. ITO (supra). As the ITO has issued notice within limitation the appeal is allowed and the order of the high Court is vacated. The ITO shall now proceed to complete the assessment after complying with the requirement of law. Since there has been no appearance on behalf of the respondents we make no orders for costs." T....
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....¯à¥‹à¤— विहार, फेज.V, गà¥à¤°à¥à¤—à¥à¤°à¤¾à¤® R. No. 212. 2nd Floor, HSIIDC Building, Vanijya Nikunj, Udyog Vihar, Phase-V. Gurugram .. 31.31/01-3-3(1)/42-414/204-25/1832 fe-105: 30.01.2025 To. The Sr. Departmental Representative F Bench ITAT New Delhi Room No. 701-A, 7" Floor, Lok Nayak Bhavan Khan Market, New Delhi-110003 Sir. Sub :- Appeal before the Hon'ble ITAT in the case of Sh. Puneet Seth (PAN- AO.JPS4547R) in ITA No. 2155/DEL/2023 for A.Y 2011-12 :- reg Kindly refer to your office letter no. Sr. DR/ITAT/F-Bench/2024-25/213 dated 22.01.2025 on the subject cited above. 2 Vide above mentioned letter you have sought comments on the ground ....
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....e assessee on 31.03.2018. The process followed adheres to the principles laid down by law, and there is no evidence available to substantiate the claim of assessee of not obtaining approval from the Higher Authority. The assessee's assertion is speculative and unsupported by any factual or legal basis. As such, this argument does not invalidate the reassessment Document 2 Para 2 :- The L.d.CIT(A) has rightly confirmed the action of the AO. No merit found in the ground raised by the assesse. Para 05 :- The assessce has stated that the assessment was completed w/s 144/147 without issuing/serving the notice w/a 148 and 142(1 ) of the income tax net. In this regard, it is submitted that the assessment was compleeted after listing all not....