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2021 (1) TMI 48 - AT - Income TaxReopening of assessment u/s 147 - As argued that requirement of section 151(2) of the Act was not complied with before issue of notice u/s.148 - addition made towards differential value of sale consideration by invoking the provisions of section 50C - HELD THAT:- Although, the learned CIT(A) has stated in para 5 of his order that necessary sanction as envisaged u/s.151(2) was taken from the competent authority, but he has neither brought on record any evidence available in the assessment records in support of his claim nor stated the date on which the competent authority, if he had granted the approval and recorded his satisfaction in accordance with the requirement of section 151(2) - In the absence of any clear findings from the learned CIT(A) along with date of approval, if any, as required u/s 151(2) of the Act, it is very difficult to concur with the findings recorded by the learned CIT(A) that requirement of section 151(2) of the Act has been complied with before issue of notice. In this case, neither notice issued u/s.148 specifies the requirement of section 151(2) of the Act, nor the learned CIT(A) has brought on record the evidence available on assessment records. In the absence of evidence, the findings of the learned CIT(A) that necessary sanction as envisaged under 151(2) of the Act was taken from the competent authority is perverse and not sustainable in law. Therefore, we are of the considered view that notice issued u/s.148 of the Act, without complying the requirement of section 151(2) of the Act is bad in law and liable to be quashed. - Decided in favour of assessee.
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