2026 (3) TMI 376

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.... Assessment Order/Penalty Order under section 1 7108/Del/2025 2017-18 29.08.2025 25.05.2023 147 r.w.s 144 read with section 144B of the of the IT Act. 2. 7109/Del/2025 -Do- 30.09.2025 25.11.2024 272A(2)(d) of the IT Act. 3. 7110/Del/2025 -Do- 09.10.2025 29.03.2021 271AAC(1) of the IT Act. 4. 7111/Del/2025 -Do- 30.09.2025 09.01.2024 270A of the IT Act. 2. ITA No.7108/Del/2025 is filed by the assessee against order passed u/s 147/144 of the Act for Assessment Year 2017-18, thus, it is taken first for consideration. 3. The assessee is an individual and did not file his return of income for the year under appeal. An information was received that during the period of....

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....the basis of which re-asstt. proceedings has been initiated which is in violation of Hon'ble Supreme Court Direction in Civil appeal No. 3005/2022 dtd. 04.05.2022. 8. That under the facts and circumstances of the case, the impugned asstt. order is bad in law for non-service of statutory notice u/s. 148A/148. 9. That under the facts and circumstances of the case both lower authorities erred in law in making and sustaining addition of Rs. 3,01,97,700/- u/s. 69A as unexplained cash money. 10. That under the facts and circumstances, the Ld. AO erred in law as well as on merits in taxing the amount of Rs. 3,01,97,700/-U/s. 115BBE. 11. That under the facts and circumstances of the case both lower authoritie....

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....ction 151 of the Act, the case of the assessee is reopened after the expiry of three years from the end of the relevant Assessment Year and thus, in accordance with provisions of sub-section 2 of section 151 of the Act, approval from Principal Chief Commissioner of Income-tax or Principal Director General or Chief Commissioner or Director General is mandatorily to be obtained before the issue of notice u/s 148 of the Act. The Hon'ble Supreme Court in Union of India vs. Rajeev Bansal, [2024] 469 ITR 46 (SC) has made it very clear. The hon'ble jurisdictional high court in the case of Communist Party of India (Marxist) vs. CIT Exmpt. reported in (2025) 174 Taxmann.com925 (Delhi) has dealt this issue and held as under: "10. The impugned notice ....