2025 (11) TMI 559

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.... : Shri Rajesh Kumar Dhanesta, Sr. DR ORDER PER NAVEEN CHANDRA, A.M:- This appeal by the assessee is preferred against the order of the NFAC, Delhi dated 12.07.2024 for A.Y 2017-18. 2. At the very outset, the ld. counsel for the assessee vehemently submitted that the issue raised in this appeal is covered by the decision of the Hon'ble Supreme Court in the case of Rajeev Bansal 167....

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....t in the case of Union of India Vs. Rajeev Bansal reported in 469 ITR 46 (SC). 4. The ld. counsel for the assessee vehemently contended that the notice u/s 148 of the Act dated 30.07.2022 would have to be compliant with the new regime of reassessment as explained by the Hon'ble Supreme Court in the case of Rajeev Bansal 167 taxmann.com 70. The ld. counsel for the assessee submitted that fre....

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.... record. We find that the admitted facts are that the original notice u/s 148 was issued under the amended Act to the assessee on 24.06.2021. Thereafter, in pursuant to the decision of the hon'ble Supreme Court in the case of Ashish Agarwal (2023) 01 SCC 617, the Assessing Officer passed an order u/s 148A(d) of the Act on 29.07.2022 and issued a notice u/s 148 of the Act on 30.07.2022 after taking....

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....tion 151(ii) is bad in law and is required to be quashed. Respectfully following the above decision, we hold that the notice issued u/s 148 dated 30.07.2022 for A.Y. 2017-18 in the instant case, is in violation of section 151(ii) and the same is, therefore, liable to be quashed. In light of the above, we also quash the reassessment order emanating out of such notice u/s 148 of the Act. Since the n....