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TMI Blog2025 (2) TMI 980X X X X Extracts X X X X X X X X Extracts X X X X ..... onic form by that authority in accordance with procedure prescribed. Thus, considering the provisions of Section 282 and 282A of the Act, 1961 and the provisions of Section 13 of the Act, 2000 and meaning of the word "issue" NFAC concluded that firstly notice shall be signed by the assessing authority and then it has to be issued either in paper form or be communicated in electronic form by delivering or transmitting the copy thereof to the person therein named by modes provided in section 282 which includes transmitting in the form of electronic record. Section 13(1) of the Act, 2000 provides that unless otherwise agreed, the dispatch of an electronic record occurs when it enters into computer resources outside the control of the originat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the aforesaid referred in Rajeev Bansal [2024 (10) TMI 264 - SUPREME COURT (LB)] and Ashish Aggarwal [2022 (5) TMI 240 - SUPREME COURT] The question to be examined is not just about the competence of sanction giving authority u/s 151 of the Act, but the larger issue has been examined by the NFAC and rightly decided against the AO. X X X X Extracts X X X X X X X X Extracts X X X X ..... x(Systems) as per risk profiling, it came to the knowledge of AO that the appellant was beneficiary of alleged accommodation/bogus entries of Rs. 3.00 Crores taken from entities controlled by one Mr. Himanshu Verma in whose case a search and search operation was conducted u/s 132(4) of the Act. The AO accordingly, issued notice u/s 147 of the Act dated 31/03/2021 requiring the appellant to file a return in response thereto within 30 days. The appellant filed the return in response to notice u/s 148 on 17/02/2022 after expiry of time allowed and the AO thus treated the return filed by the appellant as invalid on the ground that the same has not been filed within time allowed. While holding the said return to be invalid, the AO noted that app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order which was completed u/s 143(3) on 26.12.2017 is time barred and void ab initio and order passed on the same must be quashed as there is nothing in the reasons recorded about the failure of the appellant to disclose any material facts necessary for its assessment at the time of original assessment. It was submitted that the appellant had disclosed fully and truly all material facts necessary for its assessment at the time of original assessment u/s 143(3) and the assessing officer had examined, verified and considered all the points, materials vouchers and books of accounts at the time of original assessment and passed the assessment order accordingly. The Id. A.O. had not given any maternal facts which have been not disclosed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and section 151 as they stood before their substitution by Finance Act 2021 w.e.f. 01-04- 2021. It is to be noted that the AO has issued the re-opening notice u/s 151(2) of the Act as it stood prior to 01-04-2021 as is evident from the fact that no prior approval/satisfaction of Pr.CCIT or Pr. CIT has been obtained by the AO. Instead, necessary satisfaction of the Joint Commissioner of Income tax has been obtained. The AO has not passed any order u/s. 148A(d) with approval of specified authority. Thus, it is clear that the AO has completed the reassessment proceedings under old provisions of the Act. Since Section 149 of the Act 1961 requires notice to be issued by Income Tax Authority, therefore, in terms of sub Section (1) of Section 282 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te of document". In view of the above discussion, NFAC concluded that the impugned notice u/s 148 of the Act shall be treated to have been issued on 01.04.2021 as the same has been digitally signed by the AO on 01-04-2021 and in no case, issue of notice can take place before signing of the same either electronically or otherwise. Thus, in this case, the reassessment notice was held to be issued on 01.04.2021 and accordingly, new provisions of making reassessment, Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (hereinafter referred to as "TOLA"), ratio of Supreme Court Judgement and consequent CBDT Instruction No. 1/2022 dated 11.05.2022 are made applicable by the NFAC. 7. The aforesaid observations of NF ..... X X X X Extracts X X X X X X X X Extracts X X X X
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