TaxTMI 
TaxTMI 
2026 (7) TMI 798
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....ed the appeal against the Assessment Order, dated 26/05/2023 passed under section 147 r.w.s. 143(3) of the Income Tax Act, 1961 [hereinafter referred to as 'the Act'], for the Assessment Year 2016-2017. 3. The Assessee has Grounds of Appeal raised by the Assessee reads as under: "1. The Ld. CIT(A) has erred in law and facts while disallowing the appellant ground that for opportunity of being heard is not given to appellant before passing assessment order u/s 147 read with section 144B of the act as the Ld. AO has given show cause notice on 10-05- 2023 which is required to reply by 16-05-2023. The Ld. AO had given only 4 working days to reply the notice. (13.05.2023 and 14.05.2023 was holiday on account of Saturday and Sunday) Th....
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....er reason for issuing notice u/s 148 by his order u/s 148A(d) and merely on assumption arrived on opinion by neglecting the facts and law of cases. Therefore, the LD A.O. has erred in law as well as facts while passing order u/s 148A(d) and initiating Income escaping assessment by issuing notice u/s 148. The order passed u/s 148A(d) is bad in law as thus, order passed on that basis for income escaping assessment is also bad in law. 3. The Ld. CIT(A) has erred in law and facts while disallowing ground of appeal that the Ld. Assessing officer has passed the order u/s 148A(d) and issuing notice u/s 148 of the act without taking approval of appropriate authority and non-supply of approval letter to the appellant and therefore based on ....
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....ssment proceedings contending that the order passed by the Assessing Officer u/s. 147 r.w.s. 144B of the Act on 26/05/2023 for the Assessment Year 2016-2017 was barred by limitation. Reliance in this regard was placed upon the judgment of Hon'ble Supreme Court in the case of Union of India v. Ashish Agarwal [2022] 444 ITR 1, and Union of India v. Rajeev Bansal [2024] 469 ITR 46. It was further submitted that the additional ground now being raised by the Assessee, by way of Letter filed on 02/09/2025, could be adjudicated on the basis of material forming part of record and therefore, the Tribunal was empowered to admit and adjudicate the same. 6. In order to show that the notice under Section 148 of the Act was issued after the lapse of t....
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....(1): ITA No. 1288, 1289 & 1230/AHD/2025 [AY 2015-16, 2016- 17 & 2017-18] 7. Per contra, the Learned Departmental Representative vehemently contended that the Assessment Order passed under Section 147 r.w.s. 144B of the Act was within limitation. It was submitted that the Assessee was also issued notice, dated 21/07/2022, granting the Assessee further time. However, the same has not been factored in by the Learned Authorized Representative for the Assessee in the above list of dates and the computation of 'surviving period' [prepared as per the judgment of the Hon'ble Supreme Court in the case of Rajeev Bansla (supra)] furnished during the course of hearing. 8. In the rejoinder the Learned Authorized Representative for the Assessee sub....
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....e Supreme Courtin case of Union of India and others vs Shri Ashish Agarwal (supra), the aforesaid notice, dated 05/05/2021, issued under Section 148 of the Act (under old regime) was treated as notice issued under Section 148A(b) of the Act (under new regime effective from 01/04/2021). The Assessee filed objections vide Letter, dated 15/06/2022. The Assessing Officer disposed off the objections and issued notice under Section 148 of the Act (new regime) on 27/08/2022. Thereafter, the Assessing Officer passed Assessment Order, dated 26/05/2023, under Section 147 r.w.s. 143(3) of the Act. Before us, the Assessee raised additional ground contending that the 'surviving period' of 56 days computed as per the judgment of the Hon'ble Supreme Court....
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....nsidering facts of our case and secondly, we have submitted the evidence and document in support of our claim that our scrutiny should not be initiated u/s 148. We have sheer view that assessment u/s 148 can't be initiated in our case and to explain our view and our submission we request you to grant us opportunity of being heard by giving personnel hearing in our case." 11. Give the above factual position, we accept the contention of the Assessee that in the facts and circumstances of the present case, 15/06/2022 would have to be taken as the date of reply filed by the Assessee and the limitation for the Assessing Officer to issue notice under Section 148 of the Act within the 'surviving period' would start running form the....