2026 (3) TMI 119

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....Learned Commissioner (Appeals) erred in not considering the record including the responses filed before the Assessing Officer, the grounds raised initially in Form 35 and additional grounds raised during the course of the appellate proceeding 3. Without prejudice, the Learned Commissioner (Appeals) erred in simply brushing. aside &Responses dated 10109/2025 and 0611012025, in which additional legal grounds were raised by the Appellant, thereby causing prejudice to the Appellant. 4. Without prejudice, the Learned Commissioner (Appeals) erred in not considering that the Reassessment Proceeding is null and void, as the Assessing Officer, while reopening the case by passing Order u/s148A(d) dated 28/03/2023, took entire sale c....

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....ssed on 28/03/2023. Simultaneously, notice u/s. 148 was also issued on 31/03/2023. Thereafter the assessee furnished his return of income on 29/09/2023. Then notice u/s. 143(2) as well as u/s. 142(1) were issued for which the assessee had filed some explanations and also claimed deduction u/s. 54F of the Act. The assessee had sought for the refund of the TDS amount in view of the explanations offered by him. The AO not satisfied with the objections, had computed the long term capital gains and brought the same to tax. The AO had not accepted the rate adopted by the assessee at Rs. 50/- per sq.ft. for determining the cost of acquisition. The AO considered the fact that the said agricultural lands were converted into non-agricultural lands fo....

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....tc. The Ld.AR further submitted that if the entire sale consideration is taken up for consideration, it would exceed the limit of Rs. 50 Lakhs and therefore the notice issued without obtaining the approval from the appropriate authority is bad in law. The Ld.AR also submitted that the deduction claimed u/s. 54F is in order. The Ld AR also filed a paper book enclosing the 148A(b) notice, acknowledgement for filing the addl. Legal ground and judgements of the jurisdictional High Court and prayed to allow the appeal. 5. The Ld.DR relied on the orders of the lower authorities and submitted that the assessee had not responded to the various notices issued by the Ld.CIT(A) and therefore the order of the lower authorities are to be sustained. ....

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....r the said reply and pass an order u/s. 148A(d) of the Act within one month from the end of the month in which time allowed to furnish a reply as per clause (b) expires. 9. As seen from the scheme of the section, the AO has to first conduct an enquiry and thereafter provide an opportunity of being heard to the assessee by giving not less than 7days time. In the present case, as seen from the copy of the notice dated 18/03/2023 furnished by the assessee, the AO had granted time upto 22/03/2023 for filing the reply along with documents. Practically the AO had granted only four days time to the assessee to file their reply to the notice issued u/s. 148A(b) of the Act. The four days time granted by the AO is against section 148A(b) of the Ac....