##PAGE1##

IN THE INCOME TAX APPELLATE TRIBUNAL,

DELHI BENCH: ‘D’ NEW DELHI

BEFORE SHRI M BALAGANESH, ACCOUNTANT MEMBER

AND SHRI VIMAL KUMAR, JUDICIAL MEMBER

ITA No. 2404/Del/2025

Assessment Year: 2015-16

Income Tax Officer, Vs. Neem Chand, C/o Babu Lal Surender

Aaykar Bhawan, Sector-14, Kumar, 112 Anajmandi, Adampurandi

Hisar ( Haryana ) PIN: 125 052 Haryana, India

PAN :AHFPC5351C

(Appellant) (Respondent)

Department by Shri Lalit Mohan, CA.

Assessee by Shri Ajay Kumar Arora, Sr. DR

Date of hearing 11.12.2025

Date of pronouncement 23.12.2025

ORDER

PER VIMAL KUMAR, JUDICIAL MEMBER:

The appeal filed by the Department of Revenue is against order dated

11.02.2025 of Learned Commissioner of Income Tax (Appeals)/National

Faceless Assessment Centre (NFAC), Circle-3(1)(1), Delhi (hereinafter referred

to as “Ld. CIT(A)") under Section 250 of the Income Tax Act, 1961 (hereinafter

referred to as "the Act”) arising out of order dated 29.05.2022 of the Learned

Assessing Officer/Assessment Unit ((hereinafter referred to as "Ld. AO")

2

ITA No. 2404Del/2025

assessment year 2022-23 under Sections 147 r.w.s. 144B of the Income Tax Act,

1961 (hereinafter referred as “the Act”) for A.Y. 2015-16.

2. Brief facts of the case are that as per information during financial year

2014-15 relevant to assessment year 2015-16 deposits/credits in ICICI Bank

bearing bank Account Number 093205500016 of Rs.10,42,24,212/- on various

dates were made. Proceedings under Section 148A of the Act were initiated as

per the directions of the Hon'ble Supreme Court of India in Civil Appeal No.

3005/2022 An opportunity of being hearing was provided to the assessee by

issuing show-cause notice dated 31.05.2022. The assessee filed his reply in

response to the said notice. Subsequently, order under Section 148A(d) of the

Act was passed after obtaining approval from the competent authority on

27.07.2022 and further notice under Section 148 of the Act was issued to the

assessee on 27.07.2022. Notice under Section 148 of the Act dated 29.07.2022,

intimation letter dated 02.11.2022, notice under Section 142(1) dated

20.01.2023, letter dated 27.02.2023, notice under Section 142(1) dated

24.03.2023 dated 20.04.2023 and 12.05.2023, notices under Section 143(2)

dated 18.05.2023 were issued. Assessee submitted part responses to the notices.

On completion of proceedings, Ld. AO vide order dated 29.05.2023 made

addition of Rs.14,84,08,807/-.

3. Against order dated 29.05.2023 of Ld. AO, the appellant/assessee filed

appeal before Ld. CIT(A) which was allowed vide order dated 11.02.2025.

3

ITA No. 2404Del/2025

4. Being aggrieved, Department of Revenue, preferred present appeal with

following grounds:

“1. That the Id. CIT(A) is failed to appreciate the fact that the order u/s

148A(d) issued on 27.07.25022 in consequence to Hon'ble SC order dated

04.05.2022 wherein as per decision of Hon'ble Supreme Court in Civil

Appeal No. 3005/2022, the notices under section 148 issued to the

respective assessee after 01.04.2021 under un-named, provisions, shall be

deemed to have been issued under section 148A of the I.t. Act as

substituted by the Finance Act, 2021 and construed or treated to be show

cause notices in terms of section 148A(b) of the I.t. Act, 1961. In view of

this order produced by the Hon'ble Supreme Court, notices under section

148 already issued in this case is treated as show cause notice under

section 148A(b). In view of the decisions and instruction No. 01/2022

issued by CBDT, underlying information & Material was supplied to the

assessee vide this office letter dated 31.05.2022 through speed post.

2. That the Id. CIT(A) is failed to appreciate the fact that the order and

notices issued during the re-assessment proceedings was as per procedure

established by law and there was no violation of any principles of Natural

Justice as proper opportunity of hearing was given to the assessee and all

the statutory requirement of law in true sense was followed. The

provisions of section 149, as it stood prior to the amendment by Finance

Act,