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2014 (1) TMI 1791 - AT - Income TaxReopening of assessment - Held that:- AO Srinagar had issued notice under s. 148 on 23rd Jan., 2008 without obtaining the approval from the Addl. CIT, which approval, in fact, was taken vide letter No. 1147 dt. 30th March, 2009 which is evident from p. 1 of AO's order as reproduced hereinabove. As per s. 151(2), no notice under s. 148(1) can be issued by an AO, who is below the rank of Jt. CIT, after the expiry of four years from the end of the relevant assessment year, unless the Jt. CIT is satisfied, on the reasons recorded by such AO, that it is a fit case for the issue of such notice. In the present case, such satisfaction of Jt. CIT/Addl. GIT was taken only on 30th March, 2009 whereas notice under s. 148 was issued on 23rd Jan., 2008 which is prior to the said satisfaction or approval of Jt./Addl. CIT. Therefore, on this account, the notice issued under s. 148 is bad in law and is liable to be quashed. Therefore, the reassessment proceedings initiated are directed to be quashed. Accordingly ground of the assessee is allowed. Jurisdiction of the case lies at New Delhi and not at Srinagar and accordingly present assessment cannot be made by the AO, Srinagar and the same is therefore, held to be invalid.
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