2025 (8) TMI 1734

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....eal Centre [in short, the "CIT(A)/NFAC"], Delhi's orders dated 29.01.2025 and 07.01.2025 having DINs and orders no. ITBA/NFAC/S/250/2024-25/1072690983(1) and ITBA/NFAC /S/250/2024-25/1071964401(1), involving proceedings under section 147 r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'); respectively. Heard both these assessees' counsel as well as the learned departmental representative. Case files perused. 2. We notice during the course of hearing that there arises the first and foremost issue of validity of the impugned reopening(s) itself set into motion by the learned Assessing Officer(s) vide section 148 notices issued on 21st & 20th July, 2022, case-wise respectively. This is for the precise reason th....

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....21 will have to be dropped as they would not fall for completion during the period prescribed under the TOLA. Ld. Counsel also submitted that similar view has been taken by the Hon'ble Supreme Court in the case of ACIT Vs. Nehal Rashid Shah in SLP (Civil) Diary No. (S) 57209/2024 dated 4.4.2025. Therefore, it is submitted that in the light of these decisions the reassessment framed for the AY 2015-16 based on the notice issued u/s 148 of the Act dated 30.07.2022, is time barred and bad in law. 4. Ld. DR supported the orders of the Assessing Officer. 5. Heard rival contentions, perused the orders of the authorities below. Admittedly in this case notice u/s 148 was issued on 30.07.2022 under new law based on which the reasse....

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.... Court on 1st December, 2022 in a batch of writ petitions of which W.P. (C) Mo. 9191 of 2022 (Kailash Kedia v. Income Tax Officer) was a lead matter and the subsequent order dated 10th January, 2023 passed in W.P.(C) Mo. 36314 of 2022 (Shiv Mettalicks Pvt. Ltd., Rourkela v. Principal Commissioner of Income Tax, Sambalpur), the Court declines to entertain the present writ petition, but leaves it open to the Petitioner to raise all grounds available to the Petitioner in accordance with law including the grounds urged in the present petition at the appropriate stage as explained by the Court in those orders. 3. The writ petition is disposed of in the above terms." 3. We heard Mr. Saswat Kumar Acharya, the learned counsel appe....