2026 (5) TMI 1634

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....eason that the same is issued beyond the survival period as per the decision of the Hon'ble Delhi High Court in the case of Ram Balram Build Home Pvt. Ltd. Vs. ITO (447 ITR 133) and the decision of the Hon'ble Supreme Court in the case of Union of India Vs. Ashish Aggarwal (444 ITR 1). 3. Referring to the table furnished before us showing the sequence of events and the limitation as per the decision of the Hon'ble Supreme Court in the case of Union of India Vs. Ashish Aggarwal (444 ITR 1), Ld. Counsel submits that the notice issued u/s. 148 of the Act dated 29.07.2022 is beyond the surviving period. Ld. Counsel submits that the survival period of one day + 7 days as specified u/s. 148A(d) of the Act expired on 25.07.2022 and therefore, t....

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...., in this regard, is placed on the following decisions of this Hon'ble Tribunal, wherein similar Notices issued under section 148 of the Act were quashed on this ground: a. Prabhat Kumar v. ACIT, ITA No. 1666/Del/2024 - paras 4-7 b. DCIT v. Rakshit Buildcom, ITA No. 4727/Del/2024 - paras 5, 9-12 3. Without prejudice, it is submitted that the original assessment in the Appellant's case was completed under section 143(3) of the Act on 25.01.2017, as noted at page 2, para 1 of the Assessment Order dated 31.05.2023 passed u/s 147 r.w.s. 143(3) of the Act @ pg. 39 of the Appeal Set; and page 4, third para of the Impugned Order passed by the CIT(A) at pg. 11 of the Appeal Set. 4. Under the proviso to se....