ORDER

PER NAVEEN CHANDRA, ACCOUNTANT MEMBER :

3. Brief facts of the case are that the assessment order was passed on 26.05.2023 u/s 147 r.w.s 144 r.w.s 144B of the Act by the AO for A.Y. 2015-16 by assessing the total income of Rs.2,30,66,976/-. For making such assessment, a notice u/s 148 was issued on 27.07.2022/28.07.2022 by the JAO. The assessee submitted that the above notice u/s 148 was barred by limitation under the amended provisions of section 149(1) of the Act, effective from 01.04.2021. Learned CIT(A)/NFAC vide order dated 06.01.2026 set aside the assessment order.

4. Aggrieved, assessee was in appeal before us with the following grounds:

1. That on the facts and in law, the Ld. Commissioner of Income-tax (Appeals), NFAC has erred in setting aside the reassessment order instead of quashing the same, despite having categorically held that the assumption of jurisdiction by the Assessing Officer under section 148 of the Income-tax Act, 1961 was invalid and contrary to law.

2 That the Ld. CIT(A) has erred in law in exercising powers under section 251 of the Act to set aside an assessment which is void for lack of jurisdiction, whereas settled law mandates that such an assess