9911796707
TMI Blog2024 (4) TMI 879X X X X Extracts X X X X X X X X Extracts X X X X ..... g AY 2015-16. 2. When the matter was called for hearing, the ld. counsel for the assessee at the outset adverted to Ground no. 2.6 of the grounds of appeal whereby a legal contention has been raised towards absence of valid approval to be obtained under Section 151 of the Act for initiation of proceedings under Section 147 of the Act. The ld. counsel pointed out that the assessment for A.Y. 2015-16 was earlier concluded under Section 143(3) r.w. Section 153C of the Act vide order dated 30.12.2014. Thereafter, notice dated 30.03.2021 was issued under Section 148(1) of the Act seeking to reopen the completed assessment of the assessee to assess certain unexplained cash credit aggregating to Rs. 1,45,00,000/-. The ld. counsel adverted to the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ifferent view in the matter but relied upon the case records. 5. We have carefully considered the rival submissions and the perused the material available on record. 6. A reference to the notice under Section 148(1) dated 22.07.2021 and reasons recorded under Section 148(2) has been made on behalf of assessee to the effect that in the instant case the approval has been wrongly obtained from lower authority, i.e., Additional Commissioner of Income Tax under Section 151 of the Act while initiating reassessment proceedings under Section 147 of the Act instead of proper approval of the superior authority, namely, Principal Chief Commissioner of Income Tax / Chief Commissioner of Income Tax / Principal Commissioner of Income Tax / Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uisite approval under Section 151 of the Act. Such remissness on the part of the AO have rendered the entire re-assessment proceedings invalid and bad in law. As held by the Hon'ble High Court of judicature at Allahabad in the case of Dr. Sashi Kant Garg vs. CIT, 285 ITR 158 (2005) (Alld.), the irregularity in obtaining the sanction of the competent authority is the substantive defect incurable under the provisions of the Act. Consequently, the re-assessment order stands quashed as pleaded on behalf of the assessee at the threshold. In view of such conclusion, other aspects of grievances are thus not required to be addressed. 9. In the result, the appeal of the assessee is allowed. Order pronounced in the open Court on 19th April, 2024. X X X X Extracts X X X X X X X X Extracts X X X X
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