2025 (12) TMI 184

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....e relied upon his submissions as raised in the grounds of appeal which read as under: "1. That the order passed by the Ld. CIT (A) sustaining the addition of Rs. 90,00,000/- is bad in law. 2. That the Ld. AO did not comply with the requirements of Section 148A of Income Tax Act, 1961. After insertion of Section 148A from 1.4.2021 before issue of notice u/s 148 for re-opening of the case AO is required to provide an opportunity to the appellant to explain his case. Further no enquiry as per Section 148A has been conducted regarding the information. which suggests that any income escapement has been made. Thus, the notice issued u/s 148 in the instant matter is bad in law. 3. That the Ld. AO did not apply his mind w....

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....plained cash credit u/s 68 of the Income Tax Act." 3. The facts emanating from the assessment order are that the assessee filed its return of income at loss of (-) Rs. 1,23,341/- on 16.09.2015 for A.Y under consideration and the case was not assessed under scrutiny. The case was reopened u/s 147 r.w.s 148 of the Income-tax Act, 1961 [the Act, for short] after recording reasons for reopening and due approval from the competent authority. Notice u/s 148 of the I T Act was issued to the assessee company on 31.03.2021 through ITBA and registered email id. 4. It is the say of the ld. counsel for the assessee that the reassessment proceedings in pursuance of issue of notice issued u/s 148 of the Act is bad in law. The ld. counsel for the as....

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....ued on 01.04.2021. The ld DR could not controvert or place any evidence or documents to demonstrate that the notice u/s 148 was issued too on 31.03.2021 i.e., the same date as it was digitally signed. Since the requirement in law u/s 148 of the Act is to "issue notice", date of uploading the same in the e-filing portal of the assessee as recorded in the Income Tax Business Application portal, in the instant case, is determined as 01.04.2021. Since the date of issue of notice u/s 148 is 01.04.2021, the notice u/s 148 is construed as issued under section 148A(b) of the Act under the provisions of section 148 and 148A as inserted by the Finance Act, 2021 w.e.f 01.04.2021, as held by the hon'ble Supreme Court in Ashish Agarwal 138 taxmann.com 6....