TaxTMI 
TaxTMI 
2026 (9) TMI 1000
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.... passed u/sec. 271AAC(1) for the Assessment Year (A.Y.) 2019-20. 2. In ITA No.342/NAG/2026, assessee apart from raising ground challenging the addition of Rs. 29,67,100/- u/sec. 69, also raised legal grounds challenging the validity of proceedings u/sec. 148 of the Act on the ground that less than 07 days time was given for reply to the notice u/sec. 148A(b) of the Act which makes the re-assessment proceedings void ab initio in the light of certain judicial precedents and ITA No.345/NAG/2026 has been filed against levy of penalty u/sec. 271AAC(1) of the Act at Rs. 1,78,026/- 3. Since the legal issue challenging the validity of notice issued u/sec. 148 of the Act goes to the root of re-assessment proceedings, I first take up the same. ....
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....Hon'ble Apex Court in the case of National Thermal Power Co. Ltd. vs. CIT [1998] 229 ITR 383 (SC), this legal issue is hereby admitted. 6. I find that notice u/sec. 148A(b) of the Act is dated 18.03.2023 and issued by the ITO, Ward-4(3), Nagpur under the digital signature uploaded at 3.10PM and asked the assessee to file reply along with supporting documents on or before 24.03.2023. Practically, Ld.Assessing Officer (AO) has given time only for 05 days and even if consider the date of issue of notice, the effective days are only 06, which is less than 07 days time period required to be given to the assessee to file reply to the notice u/sec. 148A(b) of the Act, as mandated in the said provision. This fact that the Ld. AO has given ti....
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....d date fixed for response was 23.03.2022, the Hon'ble Court observed that including 02 days i.e. date of sending notice as well as last date indicated, even if notice was received by the petitioner, same falls short of seven days period as envisaged in the provisions of section 148A(b) of the Act, notice issued to the petitioner cannot be sustained. 9. In the light of the above two judgments of Hon'ble Jurisdictional High Court and the Hon'ble High Court of Rajasthan (supra), I find that, in instant case also, Ld. AO has given less than 07 days time to the assessee to file reply u/sec. 148A(c) of the Act to the notice u/sec. 148A(b) of the Act and by giving less than 07 days time is futile to the issuance of notice u/sec.148A....