TaxTMI 
TaxTMI 
2025 (3) TMI 2088
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.... 2. The assessee has raised the following grounds : 1. On the facts and in the circumstances of the case, the order passed by the learned CIT(A), NFAC, Delhi u/s. 250 of the Act for the AY 2017-18 is erroneous and bad in law. 2. On the facts and in the circumstances of the case, the learned CIT(A), NFAC, Delhi erred in upholding the act of the learned A.O. who ignored the fact that it is a prevailing practice in the rural/mofussil areas to take/repay loans and interest thereon in cash and the same has continued during the demonetization period from 09.11.2016 to 31.12.2016 relevant for the AY 2017-18 in the regular course of business. 3. On the facts and in the circumstances of the case, the learned CIT(A), NFAC, ....
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....e AY 2017-18. 6. On the facts and in the circumstances of the case, the learned CIT(A), NFAC, Delhi erred in upholding the erroneous demand of Rs. 35,94,203/- (inclusive of interest of Rs. 16,31,061/-) raised by the learned A.O. for the AY 2017-18. 7. Any other ground or grounds of appeal your appellant may urge at the time of hearing. 2.1 The assessee has raised the additional grounds as under : 1. On the facts and in the circumstances of the case, the issue of notice issued u/s. 148 for the AY 2017-18 on 29.07.2022 is not proper and hence the reassessment done on the basis of an invalid notice u/s. 148 is not valid and is void ab initio. 2. On the facts and in the circumstances of the case, the asses....
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....iling of ROI placed at page no.17 of the paper book no.2. The Ld. AR further submitted that, pursuant to the judgment of Hon'ble Supreme Court in the case of Union of India Vs. Ashish Agarwal (2022) 444 ITR 01 (SC), the Ld. AO issued a fresh notice u/s.148 of the Act on 29.07.2022. In response to the notice, the assessee again filed the ROI on 26.04.2023 and in support of their submission, the Ld. AR invited our attention to the coy of acknowledgement of filing of ROI placed at page no.71 of paper book no.2. The Ld. AR further submitted that, the Ld. AO completed the assessment on 16.05.2023 without issuing any notice u/s.143(2) of the Act, which is a jurisdictional defect. The Ld. AR further submitted that, the Ld. CIT(A) has dismissed....
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....023 submitted that in response to the notice u/s 148 dated 08.04.2021 filed return of income on 20.04.2021 which was communicate to the AO on 26.04.2023. The initial proceedings initiated vide notice dated 08.04.2021 has quashed by the Hon'ble Supreme Court as discussed in para above. Since, the appellant has failed to fulfil the condition laid down in the provisions of section 148 of the Act, action of the AO for not issuance of notice u/s 143(2) before completion of assessment proceedings u/s 147 is correct. The ground raised by the appellant in this regard is dismissed. 7.1 On perusal of above, it is found that no notice u/s.143(2) of the Act has been issued by the Ld. AO before completion of assessment. We also observe that the l....