2025 (12) TMI 193

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.... DR ORDER PER M. BALAGANESH, A. M.: 1. The appeal in ITA No.3027/Del/2025 for AY 2017-18, arises out of the order of the National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as 'ld. NFAC', in short] dated 11.03.2025 against the order of assessment passed u/s 147/144B of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') dated 28.03.2023 by the Assessing Offi....

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....legal issue and facts relevant for its adjudication are already on record, is hereby admitted and taken up for adjudication first. 3. We have heard the rival submissions and perused the material available on record. The regular return of income was filed by assessee for AY 2017-18 on 02.11.2017 declaring total income of Rs. 5,03,470/-. Subsequently, the assessment was sought to be reopened u/s ....

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....he Act. Since, the approval in the instant case has been obtained from a wrong authority, the entire reassessment proceedings gets vitiated. Reliance in this regard has been rightly placed by the Learned AR before us on the decision of the Hon'ble Jurisdictional Delhi High Court in the case of Kids Dream International Private Limited vs ACIT in W P (C ) 2814/2023 dated 24-2-2025. The relevant oper....

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....n which would obtain. We had ultimately in Abhinav Jindal held that the Taxation & Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 ["TOLA"] provisions would have no bearing on the identification of the competent authority under section 151 for according sanction. 5. In view of the aforesaid, and since undisputedly the facts of the present case the sanction was accord....