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TMI Blog2025 (5) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the learned Income Tax Appellate Tribunal [ITAT] in ITA No. 2757/Del/2019 captioned ITO v. Sukhbir Singh Dagar, in respect of the Assessment Year [AY] 2006-07. 2. The Revenue had preferred the aforementioned appeal before the learned ITAT against an order dated 14.09.2018 passed by the Commissioner of Income Tax (Appeal) [CIT(A)] whereby the Assessee's appeal in respect of an order dated 24.03.2014 passed under Section 147/144 of the Act was allowed. 3. The Assessee had filed its return of income for AY 2006-07 on 30.10.2006. Thereafter, the Assessee filed its revised return for the said AY 2006-07 on 21.09.2007. 4. The Assessee's return was selected for scrutiny and a notice under Section 143 (2) of the Act was issued by the Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the Assessee filed his objection to the said reasons. 8. The proceedings culminated in the assessment order dated 24.03.2014 whereby the AO had made an addition of Rs. 5,18,27,005/- on account of long term capital gain. The AO had substituted the consideration received by the Assessee from the sale of the agricultural land at Rs. 5,46,23,012/- as against Rs. 21,87,500/- as declared by the Assessee. This was premised on an excel sheet, which was recovered from the device of the searched person reflecting part payment in cash for the acquisition of the agricultural land in question. 9. The Assessee appealed the said assessment order before the CIT(A) raising several grounds. The CIT(A) accepted the Assessee's contention and deleted the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in force at the material time. The same is set out below:- "Sanction for issue of notice. 151. (1) In a case where an assessment under subsection (3) of section 143 or section 147 has been made for the relevant assessment year, no notice shall be issued under section 148 [by an Assessing Officer, who is below the rank of Assistant Commissioner [or Deputy 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] : Provided that, after the expiry of four years from the end of the relevant assessment year, no such notice shall be issued unless the Chief Commissioner or Commissioner is satisfied, on the reasons recorded by the Assessi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot CCIT or CIT. 16. Clearly, the notice under Section 148 of the Act was invalid as issued contrary to the provisions of Section 151 (1) of the Act. Any proceedings continued pursuant to said notice including the assessment order passed under Section 147 of the Act cannot be sustained. 17. In view of the above, question number (iii) - whether the reassessment proceedings are without the jurisdiction as it did not have the approval of the statutory authority as mandated under Section 151 of the Act - is answered in favour of the Assessee and against the Revenue. 18. Since the assessment order is not sustainable for the aforesaid reason, it is not necessary to address other questions of law, on which the present appeal was admitted. 19. T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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