TMI Blog2024 (1) TMI 759X X X X Extracts X X X X X X X X Extracts X X X X ..... proviso to Section 148 and Section 151, when read conjointly, demonstrate the untenability of the submission made on behalf of the revenue. We may also note that in Ganesh Dass Khanna [ 2023 (11) TMI 763 - DELHI HIGH COURT ] we were considering the provision of Section 149 of the Act and have taken the view that since the escaped income was less than Rs. 50,00,000/-, the time limit as prescribed in Section 149(1)(a) of the Act would apply. As indicated above, the specified authority changes depending on the time limit prescribed in Section 151 of the Act. It is on this account that there is linkage between ruling rendered in Ganesh Dass Khanna and the instant matters. In these cases, there is no dispute that although three (3) years had elapsed from of the end of the relevant AY, the approval was sought from authorities specified in clause (i), as against clause (ii) of Section 151. Before us, the counsel for the revenue continue to hold this position. The only liberty that they seek is that if, based on the judgement in Ganesh Dass Khanna, the impugned orders and notices are set aside, liberty be given to the revenue to commence reassessment proceedings afresh. The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7289/2023. Mr Kapil Goel and Mr Sandeep Goel, Advs. in W.P.(C) 16524/2022, 1006/2023, 119/2023 387/2023. Mr Ruchesh Sinha and Ms Monalisa Maity, Advs. in W.P.(C) 2558/2023, 2967/2023, 3009/2023, 3171/2023, 3546/2023 3896/2023. Mr Salil Kapoor, Ms Ananya Kapoor, Mr Sanat Kapoor, Mr Sumit Lalchandani, Mr Tarun Chanana and Mr Shivam Yadav, Advs. In W.P.(C) 3877/2023, 3893/2023, 3997/2023, 4001/2023, 3677/2023 3678/2023. Mr Ved Jain, Mr Nischay Kantoor and Mr Animesh Tripathi, Advs. In W.P.(C) 1543/2023, 1566/2023, 720/2023, 1705/2023, 1813, 2047/2023, 2449/2023, 2631/2023, 2735/2023, 2812/2023, 2862/2023, 2876/2023, 2898/2023 3414/2023. Mr Akhilesh Kumar with Mr Vipin Garg, Advs. for petitioner in W.P.(C) 3160/2023 W.P.(C) 3877/2023. Mr Abhishek Garg, Mr Yash Gaiha and Mr Ramesh Mankotia, Advs. for petitioner in W.P.(C)No.3001/2023. Mr Nagesh Kumar Behl, Adv. for petitioner in W.P.(C)Nos.3335/2023 3338/2023. Mr Nitin Gulati, Adv. in W.P.(C) 4614/2023. Mr Keshav Dwivedi, Adv. in W.P.(C) 3295/2023. Mr Manibhadra Jain, Adv. in W.P.(C) 4487/2023. Mr Mayank Pachauri, Adv. in W.P.(C) 3880-3882, 3893/2023. Mr Gaurav Gupta, Adv. in W.P.(C) 4003/2023. Mr T Shivakumar with Ms Kirti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6532/2023, 6657/2023, 6660/2023, 6794/2023, 7146/2023 7497/2023. Mr Akash Vajpai, Adv. for UOI in W.P.(C) 4487/2023. Mr Santosh Kumar Pandey, Adv. for UOI in W.P.(C) 7529/2023. Mr Siddharth Khatana, Adv. for UOI in W.P.(C) 7096. Mr Rakesh Kumar Dudeja, Adv. for UOI in W.P.(C) 7529/2023. RAJIV SHAKDHER, J. (ORAL): 1. The above-captioned writ petitions concern Assessment Year (AY) 2016-17 and AY 2017-18. 2. The core issue involved in the writ petitions is whether the impugned notices and orders are sustainable in law, having regard to the contention of the petitioners that they are not backed by the approval of the specified authority. 3. Since the issue is common to the above-captioned writ petitions, the broad facts concerning one of the matters i.e., WP(C) 7289/2023, titled Rajesh Gupta HUF v Assistant Commissioner of Income Tax and Ors. are noted hereafter. 3.1. The petitioner/Hindu Undivided Family (HUF) filed its return of income (ROI) qua AY 2017-18 on 09.06.2017 declaring an income of Rs. 66,88,500/-. The ROI was processed by the revenue and an intimation was issued to the petitioner/HUF under Section 143(1) of the Act on 21.11.2017. 3.2. In the af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... revenue that the approval of the specified authority is not mandatory, which, in our opinion, is in the teeth of the provisions of the Act. In this behalf, the old Section 151 and the amended version of the provision (after Finance Act 2021) are made reference to. 6.1. For the sake of convenience, the provisions of Sections 148, 149 and 151, before and after amendment are extracted hereafter: Prior to Finance Act 2021 148. (1) Before making the assessment, reassessment or recomputation under section 147, the Assessing Officer shall serve on the assessee a notice requiring him to furnish within such period, as may be specified in the notice, a return of his income or the income of any other person in respect of which he is assessable under this Act during the previous year corresponding to the relevant assessment year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed; and the provisions of this Act shall, so far as may be, apply accordingly as if such return were a return required to be furnished under section 139 : Provided that in a case (a) where a return has been furnished dur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oner or Commissioner is satisfied, on the reasons recorded by the Assessing Officer, that it is a fit case for the issue of such notice. (2) In a case other than a case falling under sub-section (1), no notice shall be issued under section 148 by an Assessing Officer, who is below the rank of Joint Commissioner, unless the Joint Commissioner is satisfied, on the reasons recorded by such Assessing Officer, that it is a fit case for the issue of such notice. (3) For the purposes of sub-section (1) and sub-section (2), the Principal Chief Commissioner or the Chief Commissioner or the Principal Commissioner or the Commissioner or the Joint Commissioner, as the case may be, being satisfied on the reasons recorded by the Assessing Officer about fitness of a case for the issue of notice under section 148, need not issue such notice himself. Post Finance Act 2021 148. Before making the assessment, reassessment or recomputation under section 147, and subject to the provisions of section 148A, the Assessing Officer shall serve on the assessee a notice, along with a copy of the order passed, if required, under clause (d) of section 148A, requiring him to furnish w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the applicable timeframe, are adverted to in Section 151 of the Act. 8. The first proviso to Section 148 and Section 151, when read conjointly, demonstrate the untenability of the submission made on behalf of the revenue. 9. We may also note that in Ganesh Dass Khanna, we were considering the provision of Section 149 of the Act and have taken the view that since the escaped income was less than Rs. 50,00,000/-, the time limit as prescribed in Section 149(1)(a) of the Act would apply. 10. As indicated above, the specified authority changes depending on the time limit prescribed in Section 151 of the Act. It is on this account that there is linkage between ruling rendered in Ganesh Dass Khanna and the instant matters. 11. It may also be noted that in Ganesh Dass Khanna, we had recorded the stand of the revenue that the issue concerning limitation and the specified authority are intertwined . For convenience, the relevant part of the judgement is extracted hereafter: 24. On behalf of the revenue, the following broad submissions were made: (viii) Both under the unamended 1961 Act and amended 1961 Act, the issue concerning limitation is inextricably intertwin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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