TaxTMI 
TaxTMI 
2025 (11) TMI 1300
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.... Notice under Section 148 dated 30.06.2022 was issued on basis of order under Section 148A(d) dated 30.06.2022. The assessee didn't file ITR and failed to make compliance under Section 148 of the Act. Notice under Section 142(1) of the Act dated 06.02.2023 was issued. Centralized communication letter dated 10.04.2023 was issued. Notice under Section 144 dated 20.04.2023, show-cause-notice dated 30.04.2023 and notice under Section 142(1) dated 07.05.2023 were issued. Assessee failed to submit reply. On completion of proceedings, Ld. AO vide order dated 16.05.2023 made addition of Rs. 11,59,70,000/-. 3. Against order dated 16.05.2023 of Ld. AO, the appellant/assessee preferred appeal before the Ld. CIT(A) which was dismissed vide order dated 16.10.2024. 4. Being aggrieved, the appellant/assessee preferred appeal with following grounds: "1. On the facts and circumstances of the case, the order passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (hereinafter referred to as CIT(A), NFAC) is bad, both in the eyes of law and on facts. 2. On the facts and circumstances of the case, the order passed by the learned CIT(A), NFAC is bad i....
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....sued and passed without obtaining valid statutory prior approval from the specified authority as provided under section 151 of the Act. 8. On the facts and circumstances of the case, the learned CIT(A), NFAC has erred both on facts and in law in confirming the action of the AO, despite the fact that where the assessment of the assessee has been made on the basis of any material found during the course of search of other person, then assessment of the assessee shall be completed by following the procedure prescribed under section 153C of the Act and not under section 148 of the Act and therefore, the impugned assessment order passed by the AO under section 147/144 of the Act is invalid, void-ab-initio and therefore liable to be quashed. 9. On the facts and circumstances of the case, the learned CIT(A), NFAC has erred both on facts and in law in confirming the addition made by the AO despite the fact that the assessee has been maintaining regular books of accounts and financial statement are audited as per law and nothing adverse has been pointed out by the AO. 10. On the facts and circumstances of the case, the CIT(A), NFAC has erred both on facts and in l....
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....learned CIT(A), NFAC has erred both on facts and in law in ignoring the settled position of law that when the sales are not doubted, the purchases corresponding to those sales cannot be treated as bogus. 18. On the facts and circumstances of the case, the CIT(A), NFAC has erred both on fact and in law, in confirming the addition despite the fact that the same has been made by the AO indulging in surmises without bringing on any direct evidence against the assessee, only on the basis of presumptions and assumptions. 19. Without prejudice to the above, on the facts and circumstances of the case, the CIT(A), NFAC has erred both on facts and in law in confirming the entire addition despite the fact that only the profit embedded in these alleged transactions can only be added in the hands of the assessee and not the entire purchases. 20. That the appellant craves leave to add, amend or alter any of the grounds of appeal." 4. Learned Authorized Representative for the appellant/assessee submitted that assessee company has filed its ITR dated 09.09.2015, declaring total income of Rs. 32,87,600/-. The initial notice under the un-amended Section 148 was issued o....
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....faulter. 6. From examination of record in light of aforesaid rival contentions, it is crystal clear that initial notice dated 30.06.2021 under Section 148 of the Act was issued which is on page 37 of the paper books. Notice under Section 148A(b) of the Act dated 16.05.2022 at pages 40 and 41 of the paper books were issued as per directions of Hon'ble Supreme Court. Notice under Section 148 of the Act was issued along with order dated 30.06.2022 under Section 148A(d) of the Act with prior approval of Ld. PCIT at pages 62 to 67 of the paper books. Notice under Section 148 dated 30.06.2022 was barred by limitation as per decision of Hon'ble Supreme Court in UOI vs. Rajeev Bansal, cited supra. 6.1 Hon'ble Delhi High Court in the case of Makemytrip India Pvt. Ltd. vs. DCIT, decided on 24.03.2025 in paras 8, 11 & 12 held as under: "8. In a subsequent decision in Union of India and Others v. Rajeev Bansal: 2024 INSC 754, the Supreme Court considered the manner of applicability of the provisions of Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 [TOLA]. During the said proceedings it was conceded on behalf of the Revenue that TO....