##PAGE1##

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘A NEW DELHI

BEFORE SHRI ANUBHAV SHARMA, JUDICIAL MEMBER AND

SHRI MANISH AGARWAL, ACCOUNTANT MEMBER

ITA No.6219/Del/2025 (ASSESSMENT YEAR: 2014-15)

ITO Sparkle Buildwell Pvt.Ltd., Ward-24(1), 2nd Floor, Room D-82, Okhla Industrial No.238B, C.R. Building, Vs. Estate, Delhi-110020. New Delhi-110002. PAN:-AAMCS3112L

(Appellant) (Respondent)

C.O.No.-20/Del/2026 [In ITA No.6219/Del/2025] (ASSESSMENT YEAR: 2014-15) Sparkle Buildwell Pvt.Ltd., ITO

D-82, Okhla Industrial Ward-24(1), 2nd Floor, Room Estate, Delhi-110020. Vs. No.238B, C.R. Building, PAN:-AAMCS3112L New Delhi-110002.

(Appellant) (Respondent)

Department by Shri Ajay Kumar Arora, Sr. DR Assessee by Shri Varun Nagrath, Adv. &]

Ms. Ragini Handa, Adv.

Date of hearing 02.03.2026 Date of pronouncement 25.03.2026

O R D E R

PER MANISH AGARWAL, AM:

This appeal is filed by the revenue against the order of Commissioner of Income Tax (Appeals) National Faceless Appeal Centre (NFAC), Delhi [“CIT(A)”, in short] in Appeal No. NFAC/2013- 14/10288840 dated 05.08.2025 u/s 250 of the Income Tax Act, 1961 for Assessment Year 2014-15 arising out of the order passed

2 ITA No.6219/Del/2025 &

CO No. 20/Del/2026 ITO Vs. Sparkle Buildwell Pvt. Ltd.

u/s 147 read with Section 144B of the Act dated 19.05.2023. The assessee has also filed Cross Objections (CO) against the order of

ld. CIT(A).

2. First we take the CO filed by the assessee wherein the assessee has raised legal issue of limitations in issue of notice u/s

148 of the Act on 18.07.2022.

3. Heard the parties and perused the material available on record. It is observed that first notice u/s 148 was issued on 25.06.2021. Thereafter the notice u/s 148A(b) of the Act was issued on 26.05.2022 asking the assessee to file the objections, if any, within a period of two weeks which expires on 09.06.2022. However, the assessee had not filed any reply and the order u/s 148A(d) was passed on 18.07.2022 and thereafter the notice u/s 148 of the Act was issued on 18.07.2022. The surviving period available with the AO was of 5 days i.e. from 25.06.2021 to 30.06.2021 when the extended time limit under TOLA was expired. 4. The Hon’ble Supreme Court in the case of Union of India & others Vs. Rajeev Bansal reported in (2024) 469 ITR 46, in cases where earlier notice issued u/s 148 were treated as notice u/s 148A(b) of the Act in terms of the order of Hon’ble Supreme Court in the case of Union of India Vs. Ashish Agarwal reported in 444 ITR 1 (SC), has framed a time line for the issue of fresh notice u/s 148 of the Act. The relevant observations are as under:

3 ITA No.6219/Del/2025 &

CO No. 20/Del/2026 ITO Vs. Sparkle Buildwell Pvt. Ltd.

105. “A direction issued by this Court in the exercise of its jurisdiction under Article 142 is an order of a court. The third proviso to Section 149 of the new regime provides that the period during which the proceedings under Section 148A are stayed by an order or injunction of any court shall be excluded for computation of limitation. During the period from the date of issuance of the deemed notice under Section 148A(b) and the date of the decision of this Court in Ashish Agarwal (supra), the assessing officers were deemed to have been prohibited from passing a reassessment order. Resultantly, the show cause notices were deemed to have been stayed by order of this Court from the date of their issuance (somewhere from 1 April 2021 till 30 June 2021) till the

date of decision in Ashish Agarwal (supra), that is, 4 May 2022.

106. In Ashish Agarwal (supra), this Court directed the assessing officers to provide relevant information and materials relied upon by the Revenue to the assesses within thirty days from the date of the judgment. A show cause notice is effectively issued in terms of Section 148A(b) only if it is supplied along with the relevant information and material by the assessing officer. Due to the legal fiction, the assessing officers were deemed to have been in