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2021 (7) TMI 698 - HC - Income TaxReopening of assessment u/s 147 - validity of sanction granted by the learned CIT u/s 151 - HELD THAT:- The argument advanced before us is contrary to the case set up by the appellant before the statutory Authorities below, inasmuch as it was argued before the Commissioner, Income Tax (Appeals) as well as the Income Tax Appellate Authority that though sanction was mandatory in the present cases, it had been granted by the Commissioner of Income Tax and not by the Joint Commissioner of Income Tax. It was not urged before the statutory Authorities below that no sanction was required in the present cases as the initial assessments had been completed under Section 143(1) of the Act and the notices for Re-assessments under Section 148 had been issued within four years period. Since the foundational facts sought to be urged in the present appeals are diametrically opposite to the case set up by the appellant before this Court and the statutory Authorities below, this Court is of the view that it is not a fit case where appeals should be entertained under Section 260A of the Act. Moreover, if the facts now urged before this Court are true and correct, then the respondents should have brought the said facts to the notice of the statutory Authorities below by filing appropriate applications.
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