TaxTMI 
TaxTMI 
2026 (8) TMI 1420
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....s. 144B of the Income Tax Act, 1961 (hereinafter referred to as 'the Act') by the NFAC, Delhi, (hereinafter referred to as the 'AO') pertaining to Assessment Year (A.Y.) 2013-14. 2. The assessee has raised the following grounds of appeal:- "1. On the facts and circumstances of the case, the order passed by the learned. Commissioner of Income Tax (Appeals) (hereinafter referred to as CIT(A)], is bad both in the eyes of law and on facts. 2. On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the order of the AO despite the fact that reopening of the assessment proceedings and consequent reassessment under Section 147 read with section 144B of the Act without comp....
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....hat the reassessment proceedings initiated by the AO are illegal, as the reasons recorded / information for the issue of notice under section 148 are bad in the eyes of law and are contrary to the facts. (ii) On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the reopening, ignoring the fact that there is no live nexus between the reasons recorded/information and the belief formed by the AO. (ill) On the facts and circumstances of the case, the learned CIT(A) has erred both on facts and in law in confirming the action of the AO despite the fact that the reassessment order passed by the AO is bad and liable to be quashed as the same has been reopened on the basis ....
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....- made by the AO on account of receipt of land compensation from Jaipur Development Authority and computing the income under the head "Long term capital gains" (ii) That the learned CIT(A) has erred in confirming the action of the AO computing the addition under the head "Long Term Capital Gains" without granting the benefit of exemption under section 54D of the Income Tax Act, 1961 in respect of further investment made by the Appellant, despite the fact that all the conditions prescribed under section 54D have been duly fulfilled. 12. (i) That on the facts and in the circumstances of the case and in law, the learned Commissioner of Income Tax (Appeals) has erred in confirming the addition of Rs. 27,28,382/- made by the As....
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....d circumstances of the case, the notice issued by email on 01.04.2021 under the old provision of section 148 is bad in law, since notice u/s 148 could not have been issued without following the amended provision of section 148 to 151 effective from 01.04.2021 and consequently the reassessment order passed is bad in law and liable to be quashed. 17. On the facts and circumstances of the case, the reassessment order passed by the AO under section 147 r.w.s. 144 of the Act is illegal, invalid and liable to be quashed as the same has been passed without following the directions issued by the Hon'ble Apex Court in the case of Union of India & Ors. Versus Ashish Agarwal [2022] 444 ITR 1 (SC)." 2.2. Since the grounds raised are pur....
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....he notice was issued after the expiry of limitation date i.e. 31.03.2021 and hence the notice and the consequent proceedings are liable to be quashed. 5. On the other hand, Ld. DR has vehemently argued that the notice was issued on 31.03.2021 and left the AO's control on that date. Issuance of notice on 1.4.2021 by the portal does not impact the legality of the notice as under section 148, the relevant date is date the date on which the notice was issued by the AO. He has further pointed out that no such objection or legal ground was raised before the lower authorities and hence it cannot be entertained at this stage. 6. We have heard the rival submissions and perused the material available on record. Admittedly, the notice u/s 148 da....