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2017 (11) TMI 961 - AT - Income TaxValidity of reopening of assessment under section 148 - permission from non competent authority - whether notice issued under section 148 and reasons recorded by the AO for reopening of the assessment are not valid as the necessary approval was not obtained from the chief commissioner or Commissioner but the approval was obtained from Joint commissioner? - Held that:- There is no quarrel on the point that in case of reopening of assessment under section 148 after expiry of 4 years from the relevant assessment year the approval of reasons recorded by AO is required to be granted by the Commissioner or chief Commissioner as case may be as per the provisions of section 151(1) of the Income Tax Act as exist at the relevant point of time. In the case of the assessee here is no dispute about the fact that the notice under section 148 issued on 20th March 2013 was after the expiry of 4 years from the assessment year under consideration and the original assessment was also frame under section 143(3) of the Act. Therefore, on principle we find merits in the contention of the assessee however, neither this issue was raised before the authorities below nor it was adjudicated. We find that though the assessee raised an objection againstthe notice issued under section 148 of the Act and consequential reassessment completed under section 147 read with section 143(3) of the Act however, it was based on entirely a different plea and ground that the assessing officer was having no reason to believe that the income accessible to tax add escaped assessment. We further note that even no such arguments and contentions was raised by the assessee as apparent from the impugned order of CIT(appeals). There it is Apparent that assessee did not raised this particular contention and plea of invalidity of the notice issued under section 148 for want of the approval of the competent Authority under section 151(1) of the Act. Since this issue has been raised by the assessee first time before the Tribunal and goes to the root of the matter but subject to the verification of the fact that the approval was obtained from joint commissioner and not from the chief commissioner or Commissioner as provided under section 151(1) of the Act. Accordingly, in the facts and circumstances of the case and in the interest of Justice we set aside this issue to the record of the CIT(appeals) for consideration and adjudication of this ground of the assessee. - Appeal of the assessee is allowed for statistical purpose.
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