2025 (3) TMI 1793

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....ad, Sr. DR ORDER PER SANDEEP GOSAIN, JM: The present appeal has been filed by the assessee challenging the impugned order 16.08.2024 passed u/s 250 of the Income Tax Act, 1961 ('the Act'), by the National Faceless Appeal Centre, Delhi / CIT(A) Mumbai, for the A.Y 2015-16. The assessee has raised the following grounds of appeal: 1) Ld. AO erred in re-opening the assessment. ....

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....oes to the roots of the case, therefore we have heard both the counsels on this ground and evaluated the facts placed on record. 4. From the records, we found that notice u/s 148 of the act was dated 29.04.2022 for the year under consideration i.e AY 2015-16. And section 149(1)(b) of the Act provided a time limit of six years from the end of the relevant assessment year for issuing notice u/s 1....

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....at time on account of being beyond the time limit specified under the provision of clause (b) of sub-section (1) of this section, as it stood immediately before the commencement of the Finance Act, 2021. The term 'at that time' in the first proviso refers to the date on which notice under section 148 is to be issued by the Assessing Officer. The term 'at that time' has to refer to ....

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....on 148, in the instant case, is issued on 27th August, 2022, i.e., clearly beyond the period of limitation prescribed in section 149 read with the first proviso to the said section". 5. Since Hon'ble High Court of Mumbai has dealt with the identical issue in the case of Hexaware Technologies Ltd, (Supra) whereas also the A.Y 2015-16 was in question and it was categorically held that sixth year ....