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TMI Blog2024 (9) TMI 272X X X X Extracts X X X X X X X X Extracts X X X X ..... appreciating that proceedings initiated under Section 148 by the Learned AO was bad in law .illegal and without jurisdiction and without following the amended provisions of law read with the Judgment of Hon'ble Supreme Court of India in case of Union of India Vs. Ashish Aggarwal. 3. That the Worthy CIT (Appeals) erred in not appreciating that the assessment order under appeal was passed without issuing any notice under Section 148 of the Income Tax Act, 1961 and deserved to be quashed. The notice issued under Section 148 on 25.06.2021 was to be treated as notice issued under Section 148A(b). 4. That the Worthy CIT (A) erred in confirming the additions of Rs.4786000/=ignoring the sale account , purchase account, complete cash book ,bank statement filed during appellate proceedings to substantiate the Cash receipts/Cash in hand which was deposited during demonetization period. 5. That the Worthy CIT(A) erred in confirming the invocation of Section 69A and Section 115BBE of the Income Tax Act, 1961. 6. That the appellant craves leave to add, amend, modify or withdraw the grounds of appeal before the appeal is finally heard." 3. The appellant assessee has raised the following ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e ground could not be raised before the lower authorities, the same was not to be admitted." 5. Since the issue raised in the additional grounds by the appellant assessee is purely legal issue which goes to the root of the matter in deciding the issue of the validity of the assessment, therefore, the following Hon'ble Apex Court judgment delivered in the case of NTPC v. CIT (supra). The additional ground is admitted for adjudication on merits. 6. The Ld. AR submitted that the Ld. CIT(A) has erred in not appreciating that proceedings initiated under Section 148 by the Learned AO was bad in law, illegal and without jurisdiction as it was in violation of the amended provisions of law in compliance to the Judgement of Hon'ble Supreme Court of India in case of Union of India Vs. Ashish Aggarwal. He contended that the Ld. CIT(A) fails to appreciate that the assessment order was passed without issuing any notice under Section 148 of the Income Tax Act, 1961 and deserved to be quashed as the notice issued under Section 148 on 25.06.2021was to be treated as notice issued under Section 148A(b)(APB, Pg. 3). The Ld. AR filed a brief synopsis which reads as under: 1. The above appeal ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after the expiry of the proceeding limitation date, the AO has not issued any Order in the above said case. 5. As the notice issued u/s. 148 dated 25.06.2021, on the basis of which the order dated 24.03.2022, which is under appeal, has been passed, has already been considered and treated as notice issued u/s. 148(l)(b) of the Income Tax Act, therefore, the assessment order dated 25.06.2021, which is under appeal, has been passed without any notice u/s 148. 6. The Worthy CIT(A) has not adjudicated the ground no. l & 2 filed before him regarding the illegality of Notice issued under Section 148 dated 25.06.2021 in view of the judgment of Hon'ble Supreme Court in the case of Union of India vs Ashish Aggarwal. 7. Under the circumstances, the assessment order dated 24.03.2022 passed u/s. 147/144 which is under appeal, is without assuming any jurisdiction and the same is illegal and bad in law and is required to be quashed on this account also. 7. In support, he placed reliance on the judgment of Hon'ble Supreme Court in the case of Union of India v. Ashish Agarwal [2022] 138 taxmann.com 64 (SC). The relevant para is reproduced as under: "10. In view of the above and for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of powers under Article 142 of the Constitution of India so as to avoid any further appeals by the Revenue on the very issue by challenging similar judgments and orders, with a view not to burden this Court with approximately 9000 appeals. We also observe that present order shall also govern the pending writ petitions, pending before various High Courts in which similar notices under section 148 of the Act issued after 1-4-2021 are under challenge." 8. Per contra, the Ld. DR relied on the impugned order, however, he could not file any evidence or citation to controvert the contention of the Ld. AR on validity of the assessment order. 9. Heard the rival contentions, perused the material on record, written submissions and citations filed before us. It is an undisputed fact that In the present case the first reassessment order dated 24.03.2022 was passed based on the notice issued u/s. 148 dated 25.06.2021which has been treated as notice issued u/s. 148(l)(b) of the Income Tax Act. Subsequently therefore, another reassessment order dated 25.06.2021, has been passed without issuing any notice u/s 148 and rebuttal to the contention of the appellant by the AO and the Ld. CIT(A) in the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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