TaxTMI 
TaxTMI 
2025 (11) TMI 555
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....ld disengaged counsel, communication could not be made to the assessee in time due to which appeal could not be filed on time and also filed an affidavit of the assessee along with the condonation application. Accordingly, it is submitted that the delay in filing of appeal is unintentional, bona fide and the assessee was prevented from sufficient cause and prayed that the delay in filing the appeal may be condoned. Ld. DR has not expressed any serious objection to the same. 3. We have heard both the counsels on the issue of condonation of delay. In our considered opinion, there was a reasonable cause for the delay in filing the appeal. Therefore, we condone the delay in filing the appeal before the Tribunal. 4. At the time of hearing, ld. AR of the assessee brought to our notice list of relevant dates for consideration which are reproduced below :- "1. Short list of dates :- a) 27.10.2016: Return of Rs. 12,06,910/- was filed having acknowledgement no.521868320271016. b) 01.06.2021: Notice u/s 148 under old law issued upon assessee on dated 01.06.2021. c) 22.05.2022: First Show Cause notice u/s 148A(b) issued upon assessee on dated 22.05.202....
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....s 5 & 6 of the paper book. Ld. AR submitted that the approval should have been obtained only from PCCIT as per the amended section 151 (ii) of the Act. Since the notice for reassessment was issued on 30.07.2022 for the AY 2016-17, the amended provisions is applicable. In this regard, he relied on the decision of Hon'ble Supreme Court in the case of UOI vs. Rajeev Bansal (2024) 167 taxmann.com 70. He also relied on the decision of Hon'ble Delhi High Court in the case of Rajesh Gupta HUF vs. ACIT in WPC No.6057/2023 order dated 03.03.2025 and also relied on other decisions of coordinate Benches. 6. On the other hand, ld. DR of the Revenue relied on the CBDT Circular and order of the lower authorities. The ld. DR of the Revenue filed the written submissions which are reproduce below :- "Subject: Implementation of the judgment of the Hon'ble Supreme Court dated 04.05.2022 (2022 SCC Online SC 543) (Union of India v. Ashish Agarwal) - Instruction regarding 1. Hon'ble Supreme Court. vide its judgment elated 04.05.2022 (2022 SCC Online SC 543). in the case of Union of India v. Ashish Agarwal has adjudicated on the validity of the issue of reassessment notices issue....
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.... 6.1 With respect of operation of new section 149 of the Act, the following may be seen: * Hon'ble Supreme Court has held that the new law shall operate and all the defences available to assessees under section 149 of the new law and whatever rights are available to the Assessing Officer under the new law shall continue to be available. * Sub-section (I) or new section 149 of the ct a amended by the Finance Act, 2021 (before it amendment by the Finance Act. 2022) reads as under- 149. (1) No notice under section 148 shall be issued for the relevant assessment year.- (a) if three years have elapsed from the end of the relevant assessment year, unless the case/ails under clause (b): (b) if three years, but not more than ten yeaRs. have elapsed from the end of the relevant assessment year unless the Assessing Officer has in his possession books of account or other documents or evidence which reveal that the income chargeable to fax, represented in the form of asset, which has escaped assessment amounts to or is likely to amount to fifty lakh rupees or more for that year: Provided that no notice under section 148 shall be iss....
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....formation and material may not be provided in a case for AY 2013-14, AY 2014-15 and AY 2015-16, if the income escaping assessment, in that case for that year, amounts to or is likely to amount to less than fifty lakh rupees. Separate instruction shall be issued regarding procedure for disposing these cases. 8.0 Procedure required to be followed by the Assessing Officers to comply with the Supreme Court judgment: 8.1 The procedure required to be followed by the Jurisdictional Assessing Officer/Assessing Officer, in compliance with the order of the Hon'ble Supreme Court, is as under: * The extended reassessment notices are deemed to be show cause notice under clause (b) of section J 48A of the Act in accordance with the judgment of Hon'ble Supreme Court. Therefore, all requirement of new law prior to that show cause notice shall be deemed to have been complied with. * The Assessing Officer shall exclude cases as per clarification in paragraph 7.1 above. * Within 30 days i.e, by 2nd June 2022, the Assessing Officer shall provide to the assessees, in remaining cases the information and material relied upon for issuance of extended re....
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....onsidered the rival submissions and material placed on record. We observe that notice u/s 148 was issued on 01.06.2021. Subsequently, further notices were issued u/s 148A (b) on various dates and on 30.07.2022 order u/s 148 was passed and immediately on the same day, notice u/s 148 was issued to the assessee. The relevant copy of the notice is placed on record and before us, ld. AR submitted that for issue of notice u/s 148, the Assessing Officer should have obtained approval from PCCIT as per the provisions of section 151(ii) of the Act. Whereas for initiating the proceedings, the Assessing Officer has obtained the prior approval from PCIT, Delhi-15 which is not as per the provisions of the Act. In this regard, he relied on the decision of Hon'ble Supreme Court in the case of Rajeev Bansal (supra) for the issue of applicability of the amended Act. Further he relied on the decision of Hon'ble Delhi High Court in the case of Rajesh Gupta HUF (supra) wherein the issue raised by the assessee are directly addressed and the same is reproduced below :- "5. In cases where reassessment is sought to be commenced after the lapse of three years from the end of the relevant A Y, undis....