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2022 (9) TMI 360 - HC - Income TaxValidity of Reopening of assessment u/s 147 - as argued notice has been issued without proper sanction u/s 151 - Notice beyond a period of 4 years - HELD THAT:- This very issue has been dealt with by the decision of this court in JM Financial & Investment Consultancy Services Private Limited. [2022 (4) TMI 1446 - BOMBAY HIGH COURT] where this court after considering the Relaxation Act as well as the provisions of section 149 as well as section 151 of the Act has observed that even if the Relaxation Act applies to cases of this nature, the provisions of section 149 describing the outer limit 6 years for reopening of an assessment and section 151 dealing with the sanction for an reopening beyond 4 years and within 4 years have not been amended to take care of these eventualities. It is undisputed that the relevant assessment year is 2015-16 and notice for reopening has been issued on 26th March, 2021 which is beyond a period of 4 years. The satisfaction under section 151 has been issued by the Range 3(3), Mumbai which admittedly is a Joint Commissioner, whereas the satisfaction should have been of either the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner in accordance with section 151(1) of the Act. The notice dated 26th March, 2021, is clearly without jurisdiction and deserves to be quashed and set aside. Hon’ble Court may be pleased to issue a Writ of Certiorari or a Writ in the nature of Certiorari or any other appropriate writ, order or direction, calling for the records of the Petitioner’s case and after going into the legality and propriety thereof, to quash and set aside the said Notice dated 26/3/2021 u/s 148. - Decided in favour of assessee.
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