TaxTMI 
TaxTMI 
TaxTMI 
2025 (9) TMI 1772
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.... circumstances of the case and without prejudice to any other grounds, the learned Assessing Officer has erred in law and on facts in passing the assessment under section 147 of the Act and issuing notice under section 148 of the Act, without complying with the various jurisdictional preconditions and statutory safeguards under Income Tax Act, rendering the reassessment proceedings bad in law and liable to be quashed. 3. On the facts and in the circumstances of the case and without prejudice to any other grounds, the learned Jurisdictional Assessing Officer has erred in issuing the notice u/s 148 on 13-04-2022 which is beyond the period of 6 years as per section 149 because fifth proviso to section 148 cannot apply in a case where the first proviso applies and thus, as per the decision of Hon'ble jurisdictional Bombay High Court in the case of Hexaware Technologies - 464 ITR 430 and Godrej Industries Ltd. v. Asstt. CIT [2024] 160 taxmann.com 13, the present notice issued u/s 148 is bad in law and thus, may please be quashed. 4. On the facts and in the circumstances of the case and in law. Ld NFAC has erred in upholding the illegal order passed by the Ld. NaFAG....
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....er grounds the assessment order passed u/s 147 r.ws 144 of the Act is bad in law inasmuch as the purported sanction granted by the Pr. CIT-1, Nashik under section 151 of the Act was never provided to the Appellant-neither along with notice u/s 148 or during the course of reassessment proceedings, which is mandatory and ought to have been provided by Ld. AO and hence, on this ground too, the said reassessment order deserves to be quashed. 9. On the facts and in the circumstances of the case and in law and without prejudice to other Ground, the notice issued u/s 148 of the Act is bad in law since the learned Ld. AO [ITO Ward 1(1) Nashik] had no jurisdiction to reopen the case of the Appellant u/s 148 of the Act on the basis of the information received in the course of search on a third party viz. Renuka Mata Multi State Urban Co-op Credit Society and hence, the consequential reassessment u/s 147 of the Act is null and void. 10. On the facts and in the circumstances of the case and in law and without prejudice to other grounds the assessment order passed u/s 147 r.w.s. 144 of the Act is bad in law since there was no application of mind, by Ld. AO while issuing the no....
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...., the impugned addition may please be deleted. 15. On the facts and in the circumstances of the case and in law and without prejudice to other grounds, Ld. NFAC has erred in upholding the addition of Rs 33,60,000/- made under section 69A by Ld. NaFAC without appreciating the valid submission filed by the Appellant and hence, the same is bad in law and thus, the impugned addition may please be deleted. 16. On the facts and in the circumstances of the case and in law and without prejudice to other grounds, Ld. NFAC has erred in upholding the disallowance of deduction of Rs 96,408/- claimed under section 80C by Ld. NaFAC without appreciating the valid submission filed by the Appellant and hence, the same is bad in law and thus, the impugned addition may please be deleted. OTHER GROUNDS: 17. On the facts and in the circumstances of the case and in law and without prejudice to any other ground, Ld. NaFAC has erred in levying interest u/s 234A, 234B & 234C and hence, the same may please be quashed. 18. On the facts and in the circumstances of the case and in law and without prejudice to any other ground, Ld. NaFAC has erred in initiating penal....
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....o 11 of the paper book. It is observed that the said notice was approved by ld. Principal Commissioner of Income Tax-1, Nashik. It is also observed that the said notice does not have any DIN NUMBER. It is also observed that order u/s. 148A(d) dated 29.07.2022 was approved by ld. Principal Commissioner of Income Tax-1, Nashik. 4.3 Section 151 of the I.T. Act is reproduced here as under : [Sanction for issue of notice. 151. Specified authority for the purposes of section 148 and section 148A shall be,- (i) Principal Commissioner or Principal Director or Commissioner or Director, if three years or less than three years have elapsed from the end of the relevant assessment year; (ii) Principal Chief Commissioner or Principal Director General or where there is no Principal Chief Commissioner or Principal Director General, Chief Commissioner or Director General, if more than three years have elapsed from the end of the relevant assessment year.] 5. In this case, it is an admitted fact that more than three years have lapsed from the end of the Assessment Year. Therefore, as per Section 151 of the Act, the Competent Authority to approve the notice u....
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....ice are issued on 22nd April 2022, both have been issued beyond a period of three years. Therefore, the sanctioning authority has to be the PCCIT as provided under Section 151(ii) of the Act. The proviso to Section 151 of the Act has been inserted only with effect from 1st April 2023 and, therefore, shall not be applicable to the matter at hand. 5. In the circumstances, as held by this Court in Siemens Financial Services (P.) Ltd. v. Dy. CIT [2023] 154 taxmann.com 159/457 ITR 647 (Bom.), the sanction is invalid and consequently, the impugned order and impugned notice both dated 22nd April 2022 under sections 148A(d) and 148 of the Act are hereby quashed and set aside." 6. ITAT Pune in the case of Hareshkumar Dungarmal Jain vs. DCIT in ITA No. 1933/PUN/2024, quashed the Notice u/s.148 of the Act, dated 13.04.2022 for A.Y.2018-19. 7. The Hon'ble Madras High Court in the case of Core Logistic Company vs. ACIT, Writ Petition No. 18168 of 2023 order dated 05.06.2025 has held as under : Quote. "9. A perusal of Section 151(i) would show that, the specified authority for the purpose of issuing notice under Section 148 within a period of three years from the end of t....