2026 (4) TMI 721

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....ndent : Sh. Manish Gupta, Sr. DR ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the assessee against the order dated 08.08.2025 of the Ld. National Faceless Appeal Centre (NFAC) Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. 'FAA') in DIN & Order No.: ITBA/NFAC/S/250/2025-26/1079416515(1) arising out of the order dated 30.11.2019 u/s 143(3) of the ....

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....ncome Tax Act, 1961, who was not competent to issue the same in view of Instruction no. 1/2011 dated 31/01/2011 issued by CBDT as the income declared by the assessee was Rs. 12,29,680." 3. That the omission of the above ground from the memorandum of appeal filed before the CIT (Appeals) was not intentional and the appellant did not stand to derive any advantage by its omission. 4....

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..... In fact, subsequent notice u/s 142(1) dated 26.07.2019 and 4.09.2011 copy of which is available at page 51 -53 and 54-56 respectively, copy of notice u/s 142(1) dated 10.11.2019 copy of which is available at page 57-58 is shown to be issued by ITO, Ward 44(7). 4. Now CBDT instructions No. 1 of 2011 dated 31.01.2011 provide that in case of metro cities income declared by individuals is above R....

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....on dated 31.01.2011 have been issued u/s 119 of the Act and same vest jurisdiction over and above the other subject of jurisdiction, and prevail on them. Co-ordinate Bench in ITA No. 1020/del/2019 VKM Holdings Pvt. Ltd. Vs. ACIT, Circle 4(1) New Delhihas decided the additional ground raised in similar manner in favour of the assessee by relying the Boards Circular and Hon'ble Bombay High Court dec....