RAHUL PANDEY,KOLKATA vs. ITO, WARD-44(1), KOLKATA

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ITA 516/KOL/2021Status: DisposedITAT Kolkata14 December 2023AY 2012-133 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the reopening of the assessment was bad in law because the department failed to produce the approval of the competent authority under Section 151, despite multiple opportunities. Consequently, the assessment order was quashed.

What were the facts?

The assessee contested the reopening of assessment under Section 147/148 of the Income Tax Act. The grounds for objection were the lack of valid reasons for reopening and the absence of approval from the competent authority under Section 151.

What were the issues?

The key issues were the validity of the reasons recorded for reopening the assessment and whether the mandatory approval from the competent authority under Section 151 was obtained.

Which sections of the Income-tax Act were involved?

Section 147,Section 148,Section 151,Section 250,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, “A” BENCH KOLKATA

Before: Shri Sanjay Garg & Dr. Manish Borad

order : December 14, 2023 आदेश / ORDER संजय गग�, �या�यक सद�य �वारा / Per Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 22.10.2021 of the National Faceless Appeal Centre (hereinafter referred to as the ‘CIT(A)’) passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’).

2.

In this appeal, the assessee, inter alia, has contested the validity of reopening of the assessment made by the Assessing Officer u/s 147 r.w.s 148 of the Act.

3.

The assessee contested the reopening of the assessment on two grounds. Firstly that the Assessing Officer did not record valid reasons for forming belief regarding the escapement of the income of the Assessment year: 2012-13 Rahul Pandey assessee. Secondly that no approval of the competent authority was taken by the Assessing Officer u/s 151 of the Act.

4.

Before proceeding further, we deem it fit to reproduce here the order of the Tribunal dated 08.05.2023 as under:

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