2026 (6) TMI 679

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.....w.s 144B of the Income Tax Act, 1961 (hereinafter referred as the 'the Act') by the Assessment Unit, ITD('AO') concerning Assessment Year (A.Y.) 2015-16. 3. Brief facts of the case are that the assessment order was passed on 26.05.2023 u/s 147 r.w.s 144 r.w.s 144B of the Act by the AO for A.Y. 2015-16 by assessing the total income of Rs. 2,30,66,976/-. For making such assessment, a notice u/s 148 was issued on 27.07.2022/28.07.2022 by the JAO. The assessee submitted that the above notice u/s 148 was barred by limitation under the amended provisions of section 149(1) of the Act, effective from 01.04.2021. Learned CIT(A)/NFAC vide order dated 06.01.2026 set aside the assessment order. 4. Aggrieved, assessee was in appeal before us with....

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....ief by annulling the assessment, thereby causing grave prejudice to the appellant. 6. That the impugned order of the Ld. CIT(A), in so far as it sets aside the assessment instead of quashing the same, is arbitrary, illegal, unsustainable in law and contrary to the settled judicial precedents laid down by the Hon'ble Supreme Court and various High Courts 7. The notice under section 148 was issued in a manner contrary to the guidelines provided in the Notification dated 29.03.2022, which mandates that notices under section 148 should be issued in a faceless manner. Since the notice was not issued through the faceless system, it is invalid and does not comply with the prescribed legal procedure, further rendering the reas....