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2014 (11) TMI 7 - AT - Income TaxReopening of assessment u/s 147 – Jurisdiction of AO - Held that:- Assessment was reopened after four years from the end of the relevant assessment year - before issuing notice u/s 148 of the Act, the AO was required to obtain sanction/approval from the competent authority prescribed under section 151 of the Act - section 292BB of the Act is presumptive section and on the basis of it, it can be presumed that notice required to be served was served upon the assessee if the assessee joins the assessment proceedings - provisions of section 292BB of the Act is not applicable as the issue in dispute is with regard to the validity of jurisdiction assumed by the AO for issuing notice u/s 148 of the Act – following the decision in Shri. Ghanshyam K. Khabrani. Versus Assistant Commissioner of Income Tax [2012 (3) TMI 266 - BOMBAY HIGH COURT] – u/s 151 of the Act, it was only the Jt. Commissioner or Addl. Commissioner who could grant the approval for issuuance of notice u/s 148 of the Act and if the approval is not granted by the Jt. Commissioner or Addl. Commissioner and instead it was granted by the ld. Commissioner of Income-tax, then the same was not an irregularity curable under section 292B of the Act and notice under section 148 of the Act would be invalid and void ab initio - sanction accorded by the CIT to the AO for issuance of notice u/s 148 of the Act was not proper, therefore, the AO did not assume proper jurisdiction to issue notice u/s 148 of the Act - notice issued u/s 148 of the Act is invalid and assessment framed consequent thereto is invalid and void ab initio – Decided in favour of assessee.
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