2026 (6) TMI 1392

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....Pandey, Sr. DR ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the assessee against the order dated 11.06.2025 of the Ld. National Faceless Appeal Centre (NFAC) Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. 'FAA') in DIN & Order No: ITBA/NFAC/S/250/2025-26/1076933960(1) arising out of the assessment order dated 28.12.2017 u/s 143(3) of the Income T....

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....escribed time limit, and in passing the assessment order on the basis of the original return. (ii) That the assessment is bad in law as no valid notice under section 143(2) was issued with respect to the revised return of income. (iii) That the assessment framed under section 143(3) on the basis of the original return, which stood replaced by the revised return, is bad in law and....

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.... 4. After taking into consideration the copy of notice u/s 143(2) available at page No. 5 of the paper book we find that when the notice dated 25.07.2016 was issued which merely mentioned cash deposit as the issue for examination under limited scrutiny. Thus, mere assertion of assessing officer that the issue of transfer of properties being part of limited scrutiny in the assessment order is no....

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....ubmitted that as the revised return was filed after notice u/s 143(2), therefore, on the basis of revised return no further cognizance was to be taken. 6. However, we find that the issue seems to be settled in favour of the assessee by decision of Hon'ble Tripura High Court in the case of Tripura State Electricity Corporation Ltd. Vs. Pr.CIT, Shillong (2025) (8) TMI 1193 (Tripura HC) wherein Ho....