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2021 (2) TMI 679 - AT - Income TaxValidity of reopening of the assessment for want of sanction/satisfaction of Pr. CCIT/CCIT/PCIT/CIT - Reopening after four years - mandatory condition as provided u/s. 151(1) - HELD THAT:- In the new substituted provision of Section 151(1) it is mandatory requirement for issuing notice u/s 148 after expiry of four years from the end of the relevant assessment year that unless the Pr. CCIT/CCIT/PCIT/CIT is satisfied on the reasons recorded by the AO that it is fit case for issue such notice. Therefore, there is no difference in the higher authority whose satisfaction is required prior to issuing notice u/s. 148 in all the cases where the notice u/s. 148 is issued after the expiry of four years from the end of the relevant assessment year. Hence,reopening in the case in hand is not valid as the Assessing Officer has not satisfied the mandatory condition as provided u/s. 151(1) read with proviso being the satisfaction of Pr. CCIT/CCIT/PCIT/CIT. Accordingly, the reopening of the assessment is quashed being void and consequently the reassessment order is also liable to be quashed as void ab initio. Appeal filed by the assessee is allowed.
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