2026 (4) TMI 1244

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....late Authority or in short Ld. 'FAA') in DIN & Order No: ITBA/NFAC/S/250/2024- 25/1070770950(1) arising out of the order dated 30.03.2022 u/s 147 r.w.s 144 read with section 144B of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') passed by the NaFAC for AY: 2015-16. 2. Heard and perused the records. It comes up that the assessee has filed Return of income on 01.10.2015 declaring income at Rs. 56,95,570/- for the Assessment Year 2015-16. The assessment order in this case was passed on 29.12.2017 at an income of Rs. 56,95,570/-, in this case notice u/s 148 was issued on 31.03.2021. However, the assessee has not filed any return in response to notice u/s 148 of the Act. The assessee has uploaded his reply on 26/1/2022 and su....

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.... ITA No. 4594/Del/2024 order dated 30.07.2025, as relied by ld. Counsel and for completeness and to avoid cost of repetition in laying principles afresh we reproduce the relevant part here below; "5. The Ld. Counsel for the assessee submitted that assessee has filed return on 28.10.2021 in response to notice issued u/s 148 dated 30.03.2021. However, the Assessing Officer did not issue notice u/s 143(2) of the Act. Ld. Counsel invited our attention to 21 to 22 of the PB which contains the notice issued u/s 148 dated 30.03.2021 and a copy of return filed on 28.10.2021 in response to the notice issued u/s 148 of the Act. Therefore, the Ld. Counsel submitted that non issuance of notice u/s 143(2) makes the impugned assessment order as ....

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....ed the orders of the authorities below and the case laws relied on by the assessee. In this case, the assessee filed return on 28.10.2021 in response to notice issued u/s 148 of the Act dated 30.03.2021. The Assessing Officer completed the assessment on 30.03.2022 u/s 144 r.w.s. 147 of the Act determining the income of the assessee at Rs. 84,32,240/-. While computing the income the Assessing Officer started with the income declared by the assessee in the return of income of Rs. 69,040/- declared by the assessee in the return in response to notice issued u/s 148 of the Act, whereby the Assessing Officer acted upon the return filed by the assessee. The Assessing Officer before completion of assessment u/s 144B r.w.s. 147 of the Act appears to....