2026 (5) TMI 818

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....peal:- 1. On the facts and circumstances of the case and in law the CIT(A). NFAC erred in not appreciating the fact that the assessment proceedings are bad in law inasmuch as: a. The order u/s 148A(d) and the notice u/s 148 is issued by the approval of PCIT as against the required approval of the PCCIT in terms of provisions of S.151(1)(ii). b. The notice u/s 148 is barred by limitation since the is issued after expiry of the surviving period as per the judgement of the Supreme Court in the case of UOI vs Rajeev Bansal. 2. On the facts and circumstances of the case and in law the CIT(A), NFAC erred in retaining addition @3% of the turnover ie. of Rs. 37,14,704 as against 4% made by the AO confirming his a....

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....missioner of Income Tax or equivalent Officer. Ld.AR relied on the decision of Hon'ble Bombay High Court and ITAT Pune filed in the paper book. Ld.DR relied on the order of the AO and CIT(A). In this case we have perused the Notice u/s 148 for AY 2017-18 dated 20/07/2022 which is at page 7-8 of the paper book. The said Notice has been approved by Pr. CIT-1 Pune on 04/07/2022 vide reference no. PN/Pr.CIT-1/148/2022-23/1130 dated 04/07/2022. The Notice u/s 148 issued by ITO is scanned and reproduced here under : ITAT Pune in the case of Mahesh Gokuldas Fulwani ITA 873/PUN/2025 AY 2017-18 vide order dated 30/072025 has held as under : Quote, "11. Since admittedly in the instant case the approval has been granted by the PCIT i....

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....=== Document 1 Office of the, Income Tax Officer, Ward -5 Income Tax Office, Ayakar Bhavan, Sangli. E-MAIL: [email protected]. Date: 20/7/2022 No.SIVITO/W-5/ 148/ RGD/8 02022-23 To MAIMUNBI HUSEN BEPARI RAVIWAR PETH,CHANDANI CHOWK, MADHAVNAGAR, SANGLI PAN : A.Y .: Dated : DIN & Notice No. AHZPB1282H 2017-18 Notice under section 148 of the Income Tax Act, 1961 Sir/Madam/ M/s. 1.(A) I have the following information in your case or in the case of the person in respect of which you are assessable under the Income Tax Act, 1961 (hereinafter referred to as "the Act")for Assessment Year 2017-18 :- information flagged by the risk management strategy formulated in this regard; final objection has been rai....