2026 (5) TMI 953

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....pellant did not file any return of income and hence notice under section 148 of Income Tax Act, 1961 [in short "the Act"] was issued by the Ld. A.O. requesting the assessee to explain the sources of the deposits made into his bank account. Since there is no convincing reply from the appellant with documentary evidence, the Ld. A.O. made addition of Rs. 39,60,000/- while concluding the assessment proceedings. This amount was treated by the Ld. A.O. has unexplained money of the assessee under section 69A r.w.s. 115BBE of the Act. 2. Aggrieved by the addition made by the Ld. A.O., an appeal was filed before the Ld. Commissioner of Income-tax [hereinafter in short "Ld.CIT(A)"] and the First Appellate Authority has issued Show-Cause notices t....

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....ng with the proviso is reproduces as under: - "251(1) In disposing of an appeal, the Commissioner (Appeals) shall have the following powers- 1. In an appeal against an order of assessment, he may confirm, reduce, enhance or annul the assessment. Provided that where such appeal is against an order of assessment made under section 144, he may set aside the assessment and refer the case back to the Assessing officer for making a fresh assessment." By invoking the proviso to sec 251(1)(a), the order is set aside and referred back to the assessing officer for making fresh assessment. For statistical purposes, the appeal is deemed to have been disposed. 6. In the result, the appeal is dismissed." 3.....

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.... legal grounds because the same are purely legal in nature and does not require any investigations into the facts, in the light of judgment of Hon'ble Supreme Court in the case of NTPC Ltd., [229 ITR 383 (SC)]. Additional Grounds: "1. The notice issued u/s 148 dt. 28.04.2022 is barred by limitation as per section 149(1)(b) read with the proviso thereto, having been issued beyond the prescribed period considering the time period and also the amount involved. Consequently, the reassessment order passed u/s 147 r.w.s. 144 r.w.s 144B dt. 18.03.2024 is bad in law, void ab initio, and liable to be quashed. 2. The reassessment order suffers from jurisdictional infirmities. The notice issued u/s 148A(d) and 148 by the....

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....ental Representative [hereinafter in short "Ld.DR"] has requested the Bench to pass the order as per the provisions of law because these are the additional grounds which are not emanating from the orders of lower authorities. 7. Rival submissions are heard. While arguing the legal ground relating to issuance of notice under section 148 of the Act, the Ld.AR referred to the paper-book filed by him at the time of hearing. From this paper-book Page No. 5, it is observed that the notice under section 148 was issued on 28.04.2022 for the A.Y.2015-16. The Coordinate Benches of Tribunal and Hon'ble Telangana High Court in the case of Cyberabad Citizens Health Services Private Limited v. DCIT, Circle-1(1), in Writ Petition No.25121 of 2024 dated....