INCOME TAX OFFICER WARD 2(2) KALYAN, KALYAN vs. SAMRAT MADHAV PAIKRAO, SHAHPUR

This appeal by the revenue and cross-objection by the assessee are preferred against the order dated 29/05/2025 by NFAC, Delhi [hereinafter ‘the ld. CIT(A)’], pertaining to AY 2018-19.

The sum and substance of the grievance of the revenue is that the ld. CIT(A) erred in deleting the addition made by the AO by holding that the AO has not taken any efforts to independently verify the C.O. No. 245/Mum/2025 2 impugned information based on which the case was reopened and the addition was made and further erred in holding that the AO has failed to bring any evidence with regard to the nature of information. 2.1. In its cross-objection, the assessee has challenged the validity of the notice dated 05/04/2022 u/s 148 of the Act claiming the same to be invalid and bad in law inasmuch as the same was issued with prior approval of the ld. PCIT, Thane -1 instead of PCCIT as per the mandate of Section 151 of the Act. 2.1. Since the cross-objection raised by the assessee goes to the root of the matter, we adjudicate it first. 3. Vide notice dated 03/04/2022 issued u/s 148 of the Act, the AO proposed to assess/re-assess the income of the assessee. The notice read as under:-