2026 (2) TMI 981

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....ner of Income Tax Appeals (NFAC), Delhi ("Ld. CIT(A) ") bearing DIN.: ITBA/NFAC/S/250/2025-26/1080910319(1). 1. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in dismissing the appeal without appreciating that the jurisdictional requirements to re-open the case of Appellant were not fulfilled in terms of Section 147 to Section 151 of the Act. 2. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in rejecting the books of accounts of the Appellant in violation of conditions stipulated under Section 145(3) of the Act. 3. On the facts and circumstances of the case and in law, the Ld. CIT(A) erred in not discussing Appellant's case on merits or adjudicating the....

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....e was not provided with the report of enquiry and the materials that were considered for reopening the assessment. The Ld. AR placed on record a screenshot of the ITBA portal showing that only the notice was issued without any annexures/information being attached thereto. The Ld. AR submitted that, the impugned notice u/s 148A(b) was thus not issued as per the requirement of the new regime introduced by the Finance Act, 2021. 2.1. It was submitted that, the procedure prescribed u/s 148A(b) of the Act, as well as the principles of natural justice, were violated in as much as the assessee was not provided with the information and material required to be furnished u/s 148A(b) of the Act. The Ld. AR submitted that, in the absence of such mat....