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2013 (11) TMI 312 - AT - Income TaxSanction of JCIT for re-opening u/s 148 of the Income tax act - Re-opening of assessment u/s 148 of the Income Tax Act Held that:- In the normal course a notice under section 148 could not have been issued beyond 31.3.2009, but verification of assessment records revealed that the date of issue was 15.06.2009. Now, since it is a case of reopening beyond 4 years, in addition to minimum quantum of income that is escaped, sanction of Joint Commissioner or Additional Commissioner is required, which is lacking here. That is, though there is no problem with the quantum of income escaped, there is a problem in not getting sanction of the Joint Commissioner or Additional Commissioner for issue of notice under section 148 - Assumption of jurisdiction under section 148 for the assessment year 2004-05 is without authority of law and as such invalid Decided against the Revenue. Departmental appeals should be dismissed on account of low tax effect when applying the circular dt. 9.2.2011 - Tax effect for the individual appeal for each assessment year is less than Rs. 3 lakhs Held that:- Reliance has been placed on the judgment of the Honble Supreme Court in the case of CIT vs. Atma Ram Properties (P) Ltd. [2012 (9) TMI 542 SUPREME COURT], wherein it was held that CBDT circular should not be applied ipso facto particularly when the matter has cascading effect. Cases in which common principle may be involved in subsequent large number of matters cannot be dismissed by applying the circular ipso facto. In view of his observation of the Apex Court, tax effect of all the appeals put together should be considered while applying the circular. In the circumstances, total tax effect of all the appeals put together in all the cases is more than Rs.3 lakhs and therefore we do not accept the contention of the learned A.R Decided in favor of Revenue.
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