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2016 (3) TMI 1377 - AT - Income TaxValidity of reopening of the assessment u/s 148 - valid approval accorded u/s 151 - As per assessee the approval for reopening of the assessment to the Assessing Officer was granted by the JCIT without stating the reasons and without application of his mind - HELD THAT:- It is not in dispute that the approval by the JCIT given to the reasons recorded by the Assessing Officer for reopening of the assessment for the Assessment Year 2006-07 was by writing below the reasons “yes I agree‟, there was no set out of brief reasons by the JCIT as to why he agreed with the reasons of reopening as stated by the Assessing Officer. Therefore, the approval granted by the JCIT for reopening of the assessment for the Assessment Year 2006-07 was not valid under sec. 151 of the Act. Hence, we quash the issue of notice under sec. 148 of the Act by the Assessing Officer for reopening of the assessment under sec. 148 of the Act and consequently, the assessment order passed, pursuant to such notice, is bad in law and hence, the same is annulled. - Decided in favour of assessee.
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