Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (6) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (6) TMI 385 - AT - Income TaxReopening of assessment u/s 147 - non obtaining valid approval u/s. 151 - HELD THAT:- As approving authority JCIT Range-36 while granting approval merely wrote a single word i.e. “approved”. Respectfully following the case of M/s NC Cable Ltd. [2017 (1) TMI 1036 - DELHI HIGH COURT] have no hesitation to hold that in the present case also the exercise of approving powers u/s. 151 of the Act appears to have been only ritualistic and formal rather than based on application of mind to the material placed by the Assessing Officer before the approving authority which could lead to a valid and meaning full approval. Therefore notice u/s. 148 of the Act without obtaining valid approval u/s. 151 of the Act and all consequent reassessment and first appellate order are not validly sustainable and deserve to be quashed and thus hold so. Decided in favour of assessee.
|