IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR.

BEFORE SH. MANOJ KUMAR AGGARWAL, ACCOUNTANT MEMBER AND SH. UDAYAN DASGUPTA, JUDICIAL MEMBER (Physical Hearing)

I.T.A. No. 695/Asr/2024 Assessment Year: 2014-15 Assessment Year: 2014-15 Assessment Year: 2014-15 Assessment Year: 2014-15 Assessment Year: 2014-15 Assessment Year: 2014-15 Appellant by Sh. Sudhir Sehgal, Adv. Respondent by Sh. Charan Dass, Sr. DR Date of Hearing 16.12.2025 Date of Pronouncement 05.01.2026

ORDER

Per: Udayan Dasgupta, J.M.:

This appeal is filed by the assessee against the order of ld. CIT (A), NFAC, Delhi, passed u/s 250 of the Act, 1961 vide order dated 17.10.2024 which has emanated from the order of AO, NFAC, passed u/s 147 r.w.s 144B of the Act, vide order dated 17.09.2021.

2. Grounds of appeal taken by the assessee in form 36 are as under:

“1. The Ld. CIT(A) NFAC has erred on facts and law in dismissing the appeal of the assessee, vide order u/s 250 of the Act dt.

17.10.2024, filed against the order u/s 147 r.w.s. 144B of the Act Dt. 12.09.2021 in which the income of the assessee has been assessed at Rs. 71,03,069/- while making the addition of Rs.

43,39,999/-.

2. That the Ld. CIT(A) NFAC has erred on facts and law in dismissing the appeal of the assessee, vide order u/s 250 of the Act dt. 17.10.2024, because the proceedings-initiated u/s 147/148 of the Act are void ab initio as the notice u/s 148 of the Act has not been served in accordance with the provisions of Section 282 of the Act.

3. That the Ld. CIT(A) NFAC has erred on facts and law in dismissing the appeal of the assessee, vide ord er u/s 250 of the Act dt. 17.10.2024, because the proceedings-initiated u/s 147/148 of the Act are void ab initio as the proceedings have been initiated on account of change of opinion& further no tangible material came in possession of the AO subsequent t o the passing of the original order u/s 143(3) of the Act.

4. That the Ld. CIT(A) NFAC has erred on facts and law in dismissing the appeal of the assessee, vide order u/s 250 of the Act dt. 17.10.2024, because the proceedings-initiated u/s 147/148 are void ab-initio as there was mechanical app roval of the Pr. CIT with regard to reopening of the case u/s 148and, as such, proceedings u/s 148 are liable to be quashed in view of the judgement of the Hon'ble Apex Court in the case of CIT vs Goyanka Lime and Chemical Ltd. as repo rted in [2015] 237 Taxman 378(SC).

5. That the Ld. CIT(A) NFAC has erred on facts and law in dismissing the appeal of the assessee, vide order u/s 250 of the Act dt. 17.10.2024, because the proceedings-initiated u/s 147 /148 of the Act are void ab initio as the copy of reasons recorded by the AO to initiate the proceedings were not provided to the as sessee. 6. That the Ld. CIT(A) NFAC has erred on facts and law in dismissing the appeal of the assessee, vide order u/s 250 of the Act dt. 17.10.2024because the proceedings-initiated u/s 147/148 of the Act are void ab initio as the proceeding have been initiated to settle the audit objection.

7. The Ld. CIT(A) NFAC has erred on facts and law while confirming the action of the AO of disallow ing Rs. 2663573/ on account of alleged violation of the provisions of Section 40A(3) of the Act by making payment exceeding Rs. 20,000/- in cash without appreciating the submissions of the assessee.

8. The Ld. CIT(A) NFAC has erred on facts and lawwhile confirming the action of the AO of making the addition of Rs. 16,76,426/ on account of alleged difference in the account of M/s Ramesh Kumar & Co. without appreciating the submissions of the assessee.

9. That the appellant craves leave to add or amend the grounds of appeal before the appeal is finally heard or d isposed of.”

3. Brief facts emerging from records are that the assessee a partnership firm is engaged in the business of execution of civil contracts. Regular return for the year under appeal filed u/s 139(1) along with audited financials, were subjected to scrutiny and assessment completed u/s 143(3)