2026 (3) TMI 1496

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....Ajay Kumar Arora, Sr. DR ORDER PER ANUBHAV SHARMA, JM: This appeal preferred by the assessee against the order dated 25.02.2025 of Ld. National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred to as the 'First Appellate Authority' for short) in DIN & Order No : ITBA/NFAC/S/250/2024-25/1073699776(1) arising out of the assessment order dated 25.03.2015 u/s 143(3) of the Income Tax....

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....me has been issued violating the CBDT Instruction No. 01/2011 [F. No. 187/12/2010-IT(A-I)] dated 31.01.2011 read together with Instruction No. 06/2011 dated 08.04.2011 which mandates notice to be issued by Deputy Commissioner of Income Tax as the income of the assessee exceeds the limit of Rs. 30 lacs." 3. Though the ground was not raised before the ld. CIT(A), however, the ground is one which ....

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...., if the return income exceeds Rs. 30 lakhs the jurisdiction to issue notice u/s 143(2) vests exclusively with the Deputy Commissioner of Income Tax/Assistant Commissioner of Income Tax and no officer of the rank of Income Tax Officer. 6. Thus, in the case in hand the notice u/s 143(2) is issued for assumption of jurisdiction u/s 143(3) by issuing of notice u/s 143(2) by an incompetent tax auth....

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....ration the decision in YKM Holdings Pvt. Ltd. and held as follows: "We have given thoughtful consideration to the matter on record and the submissions. The assessee had filed a return of income on 07.07.2013 declaring the total income at Rs. 18,85,550/-. The assessee is an individual and, taking into consideration Instruction No. 01/2011 available at page 245 of the paper book, for non-co....