2026 (5) TMI 540

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....NT MEMBER For the Revenue : Ms. Amisha S. Gupt, Senior DR. For the Assessee : Shri Suraj Bhan Nain, Advocate and Shri Sumeet Khanna, CA. ORDER PER MAHAVIR SINGH, VP This appeal by the Revenue and the cross-objection by the assessee are arising out of the order of learned CIT(A), NFAC, Delhi in appeal No.NFAC/2012-13/10130920, order dated 30th January, 2025. Assessment was framed by ....

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....ions of section 148, which were substituted by the new provisions w.e.f. 01.04.2021 by the Finance Act 2021, is void ab initio and invalid." 3. Learned Counsel for the assessee stated that the impugned notice under Section 148 of the Act (which is enclosed in assessee's paper book at page 158) dated 31st March, 2021 and it was also signed on 31st March, 2021, but it was released by the Departme....

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.... proceedings under Section 147 of the Act is void ab-initio and bad in law. 4. When these facts were confronted to the learned CIT-DR, she could not controvert the above fact situation. 5. We have heard the rival contentions and perused the material placed before us. We find that the notice under Section 148 of the Act is available in assessee's paper book at page 158 and the proof of email ....

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.... 1 (SC). But, the Assessing Officer has to follow necessary process laid down in the amended provisions under Section 148A of the Act. The amended provisions of Section 148 and 148A of the Act mandate conducting of an enquiry if required under Section 148A(a) of the Act and providing an opportunity of being heard to the assessee under Section 148A(b) of the Act and passing of an order under Sectio....