2023 (1) TMI 430 - HC - Income Tax

Reopening of assessment u/s 147 - Sanction for issue of notice u/s 151 - appropriate authority to grant approval for issuance of notice u/s. 148 - Specified authority for the purposes of section 148 and section 148A - HELD THAT:- As in the present case is squarely covered by the view taken by this Court in J.M. Financial & Investment Consultancy Services (P) Ltd. ( 2022 (4) TMI 1446 - BOMBAY HIGH COURT] - We accordingly hold that the approval for issuance of notice u/s. 148 ought not have been obtained from the Additional Commissioner of Income Tax but from the authority specifically mentioned u/s. 151(ii) of the Act.

Notwithstanding the fact that there were other grounds urged for challenging the notice impugned u/s. 148 of the Act, although feeble, since we are allowing the present petition on the issue of sanction, we do not feel it absolutely necessary to decide the same. Appeal of assessee allowed.