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Judgment
PER C.N. PRASAD, J.M.
This appeal is filed by the assessee against order of the Ld. CIT(A)/NFAC dated 06.10.2025 for the A.Y.2013-14.
The assessee has raised the following grounds of appeal :-
“10.1That on the facts and circumstances of the case and in law, the CIT(A) has failed to appreciate the purely legal issue of time limitation as the notice issued under section 148 of the Act is time-barred, invalid and without jurisdiction as per the decision of the Hon'ble Supreme Court in the case of Union of India vs. Rajeev Bansal: (2024) 167 taxmann.com 70 (SC).
10.2On facts and circumstances of the case, the CIT(A) has failed to consider the legal issue raised by the appellant in casually restoring matter back to assessing officer without appreciating that assessment order passed u/s 147/144 dated 30.05.2023 Is Invalid being passed without valid reasons to believe u/s 148(2) for assumption of jurisdiction u/s 147 of the Act.
10.3On facts and circumstances of the case, the CIT(A) has failed to consider the legal issue raised by the appellant in casually restoring matter back to assessing officer without appreciating that assessment order passed u/s 147/144 dated 30.05.2023 is Invalid being passed without valid approval u/s 151 as per law;
10.4On facts and circumstances of the case the CIT(A) has failed to consider the legal issue raised by the appellant in casually restoring matter back to assessing officer without appreciating that assessment order passed u/s 147/144 dated 30.05.2023 is itself Invalid as addition u/s 68 has been made on account of disclosed trading sales in books in making apparent double taxation on gross receipt basis;
The appellant prays for leave to add, alter, modify and withdraw any of the grounds either before or at the time of hearing of the appeal.”
Ld. Counsel for the assessee at the outset submitted that the issue in appeal is squarely covered by the decision of the Hon’ble High Court in the case of Union of India vs. Rajeev Bansal for the reason that the notice issued u/s.148 of the Act dated 27.07.2022 pursuant to the decision of the Hon’ble Supreme Court in the case of Ashish Aggarwal is barred by limitation since was issued beyond the surviving period.
Heard rival contentions and perused the orders of the authorities below. The sequence of events and the calculation of time limit for issue of notice u/s.148 of the Act pursuant to the judgment of the Hon’ble Supreme Court in the case of Union of India Vs. Rajeev Bansal is as under :-
As could be seen from the above the notice issued u/s.148 of the Act dated 27.07.2022 is clearly barred by limitation since it was issued beyond the surviving period as set out by the Hon’ble Supreme Court. Thus, we hold that the notice issued u/s.148 of the Act dated 27.07.2022 is barred by limitation and consequently the reassessment made u/s.143 r.w.s. 148 of the Act for the A.Y. 2013-14 pursuant to the said time barred notice is bad in law and void-ab-initio and the same is hereby quashed.
Since we have quashed the reassessment on legal ground we are not adjudicating the grounds on merits and the same is left open.
In the result, the appeal of the assessee is partly allowed as indicated above.