2025 (10) TMI 1355

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....med by Ld. Assessing Officer [AO] u/s. 147 of the Act on 24-08-2023. The assessee is stated to be engaged in manufacturing of bicycles. The assessee filed return of income on 03-09-2018. However, the assesseegroup was subjected to search action u/s 132(1) on 21-10-2021. Based on search findings, notice u/s 148A(b) was issued by Jurisdictional Assessing Officer (JAO) of the assessee on 24-03-2022 proposing reopening of the case of the assessee. The Ld. JAO, not satisfied with assessee's reply, issued notice u/s 148 on 06-04-2022 after passing an order u/s 148A(d). The assessee filed return of income and finally, Ld. AO made twin additions of Rs. 130 Lacs and Rs. 21.58 Lacs u/s 69 r.w.s. 115BBE in assessment order dated 24-08-2023. Upon furth....

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....x Act, was required to be issued by FAO. The failure to do so would vitiate the assessment proceedings as per the lead decision of Hon'ble High Court of Punjab & Haryana in the case of Jatinder Singh Bhangu (165 Taxmann.com 115; dated 19-07-2024), the substantive portion of which read as under: - 15. From the perusal of Section 151A, it is quite evident that scheme of faceless assessment is applicable from the stage of show cause notice under Section 148 as well as 148A. Clause 3 (b) of notification dated 29.03.2022 issued under Section 151A clearly provides that scheme would be applicable to notice under Section 148. Even otherwise, it is a settled proposition of law that assessment proceedings commence from the stage of issuance ....