Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2015 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (11) TMI 644 - AT - Income TaxValidity of reopening of assessment - notice u/s. 148 has been issued with the approval of the Addl. CIT - Held that:- According to Section 151(1) of the I.T. Act, after the expiry of the 4 years from the end of the relevant assessment year, no notice u/s. 148 of the I.T. Act shall be issued unless the Chief Commissioner or Commissioner is satisfied on the reasons recorded by the AO that is fit case for the issue of such notice. In view the case of the Assessee is fall under section 151(1) of the I.T. Act and not u/s. 151(2) of the I.T. Act, because according to section 151(2) in the cases other than the case fallen under sub-section (1) of Section 151, no notice shall be issued u/s. 148 by the AO, who is below the rank of JCIT, unless the JCIT is satisfied on the reasons recorded by such AO, that is a fit case for the issuance of such notices. In the present case, the case of the assessee has been reopened after the expiry of 4 years and in the present case of the assessee the approval/satisfaction should be from the Chief Commissioner or Commissioner only. In the present case, the case of the assessee has been reopened and notice u/s. 148 has been issued with the approval of the Addl. CIT, therefore, the notice u/s. 148 is bad in law and liable to be quashed. Ld. CIT(A) has rigtly declared invalid the Notice u/s. 148 of the I.T. Act issued on 28.3.2011 for the asstt. Year in dispute i.e. 2004-05, which is beyond the period of 4 years from the end of the assessment year. - Decided in favour of assessee.
|