2012 (11) TMI 860

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ed this appeal against the order of income tax appellate Tribunal for the following question of law. Whether, on the facts and in the circumstances of the case, the Tribunal is legally correct in holding the notice under section 148 of the Act and the consequent assessment proceedings as invalid for want of proper sanction of the Authority mentioned in the provisions of section 151 of the Act, th .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the proviso contained in Section 151 of the Act, we find that proviso clearly stipulates that after expiry of four years from the end of the relevant assessment year, no notice under Sub Section 1 shall be issued unless the Chief Commissioner or the Commissioner is satisfied on the reasons supported by the assessing officer that it is a fit case for issuance of notice. Referring to the word 'afo .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ovision should have been made in the Act. The proviso clearly shows that the Commissioner or the Chief Commissioner of the Income Tax is the sanctioning authority. Our view is also supported by the decision of this Court in the case of Shashi Kant Garg vs. Commissioner of Income Tax & others reported in (2006) 285 ITR 158. For the reasons aforesaid, we do not find any substantial question of law .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X