2026 (4) TMI 1784

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....e Respondent : Ms. Balamirtha, JCIT ORDER PER MANU KUMAR GIRI, JM: The captioned appeal by the assessee is arising out of the order of the Ld. Commissioner of Income Tax (Appeals)/NFAC, Delhi dated 09.10.2025 passed u/s. 154 r.w.s. 250 of the Income Tax Act, 1961 ('Act') for AY 2015-16. 2. Brief facts of the case are that original order u/s 250 of the Act, for A.Y. 2015-16 was passed i....

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....se was wrongly quashed. He noted that the quashing of the notice is a mistake apparent from record due to the following reason: - As is evident from the excerpt of the judgement quoted above, that the ratio decidendi in these cases is applicable only to cases where the notice u/s 148 of the IT Act, 1961 has been issued on or after 1/4/2021. In the case under consideration the notice was i....

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....ssions and perused the material available on record. It is observed that the Ld. CIT(A) originally allowed the appeal of the assessee by quashing the notice issued u/s 148 of the Act on the ground of limitation by relying upon judicial precedents. Subsequently, the said order was rectified u/s 154 of the Act on the premise that reliance placed on the decision was not applicable to the facts of the....

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....cts and circumstances of the case, and in the interest of substantial justice, we deem it appropriate to set aside the impugned order and restore the matter to the file of the Assessing Officer for de novo assessment. The Assessing Officer is directed to re-adjudicate the issues afresh on merits after providing reasonable and effective opportunity of being heard to the assessee and after consideri....