TMI Blog2023 (1) TMI 430X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - WRIT PETITION NO. 1650 OF 2022 - - - Dated:- 9-1-2023 - DHIRAJ SINGH THAKUR KAMAL KHATA, JJ. For the Petitioner. Mr. Je ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner of Income Tax of Income-tax, Range (3)(2), Mumbai. The said officer, it is stated, was competent to grant approval in view of the applicability of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (for the sake of convenience, hereinafter referred to as the Relaxation Act ). It is stated that in terms of the Relaxation Act, the limitation inter-alia, under provisions of sections 151(i) and 151(ii) of the Act, which were originally expiring on 31 st March 2020, stood extended to 31st March 2020. It was, thus, urged that since the Relaxation Act had extended the period of limitation, the authority which was otherwise supposed to grant approval in regard to cases falling within the ambit o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aged as under : Section 149 - Time limit for notice.--( 1) No notice under section 148 shall be issued for the relevant assessment year,- (a) if four years have elapsed from the end of the relevant assessment year, unless the case falls under clause (b) or clause (c); (b) if four years, but not more than six years, have elapsed from the end of the relevant assessment year unless the income chargeable to tax which has escaped assessment amounts to or is likely to amount to one lakh rupees or more for that year; (c) if four years, but not more than sixteen years, have elapsed from the end of the relevant assessment year unless the income in relation to any asset (including financial interest in any entity) located outsi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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