SEJAL MANOJKUMAR ROLIA,MUMBAI vs. INCOME TAX OFFICER - 23(3)(6), MUMBAI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the approval obtained from the PCIT was not in accordance with Section 151(ii) of the Act, as it was issued after the period contemplated under Section 151(i). Consequently, the notice and the assessment order were quashed.
What were the facts?
The assessee's assessment for AY 2017-18 was reopened by issuing a notice under Section 148. The approval for this notice was obtained from the Principal Commissioner of Income Tax (PCIT).
What were the issues?
Whether the approval obtained for issuing a notice under Section 148 was valid when it was obtained after the period specified in Section 151(i) and if the sanction by an incompetent authority vitiates the assessment proceedings.
Which sections of the Income-tax Act were involved?
Section 148,Section 147,Section 144B,Section 151(i),Section 151(ii),Section 250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, MUMBAI BENCHES, MUMBAI
Before: HON’BLE NARENDER KUMAR CHOUDHRY & HON’BLE PRABHASH SHANKAR
आदेश / ORDER
PER: NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER:
This appeal has been preferred by the Assessee against the order dated 06.02.2026, impugned herein, passed by the National Faceless Appeal Centre/Ld. Commissioner of Income Tax (Appeals) (in short, “Ld. Commissioner”) u/s 250 of the Income Tax Act, 1961 (in short, “the Act”), for the A.Y. 2017-18.
ITA No.4046/MUM/2026 Sejal Manojkumar Rolia 2. Brief facts relevant for adjudication of the instant appeal are that the assessment for A.Y. 2017-18 was reopened by issuance of notice dated 31.07.2022 u/s 148 of the Act after obtaining prior approval from the Ld. PCIT-19, Mumbai. Pursuant thereto, the AO passed the assessment order dated 11.05.2023 u/s 147 r.w.s. 144B of the Act.
The Ld. DR supported the orders passed by the authorities below.
We have heard the parties, perused the material available on record and given thoughtful consideration to the issue involved. Admittedly, the notice u/s 148 was issued on 31.07.2022 for A.Y. 2017-18 after obtaining approval from the Ld. PCIT-19, Mumbai. By that stage, the approval contemplated under section 151(i) was no longer sufficient and approval was required from the specified authority prescribed u/s 151(ii) of the Act.
The Hon’ble Jurisdictional High Court in Alag Property Construction (P.) Ltd. v. ACIT [2025] 179 taxmann.com 578 (Bom.)/[2026] 487 ITR 440 (Bom.), while dealing with A.Y. 2017-18, has held that where the notice u/s 148 is issued after expiry of the period contemplated under section 151(i), approval must be obtained from the authority specified under section 151(ii), and approval granted by the Principal Commissioner would not satisfy the statutory requirement.
Further, in Skypak Travels Private Limited v. ITO [2026] 185 taxmann.com 963 (Bom.), the Hon’ble Jurisdictional High Court reiterated that sanction by an incompetent authority is not a mere procedural irregularity but goes to the root of jurisdiction. The Hon’ble Supreme Court in Union of India & Ors. v. Rajeev Bansal [(2024) 469 ITR 46 (SC)] has also emphasized that sanction by
ITA No.4046/MUM/2026 Sejal Manojkumar Rolia the appropriate specified authority is a statutory pre-condition for valid assumption of jurisdiction u/s 148.
Thus, respectfully following the aforesaid binding legal position, we hold that the approval obtained from the Ld. PCIT-19, Mumbai was not in accordance with section 151(ii) of the Act. Consequently, the notice dated 31.07.2022 issued u/s 148 of the Act and all consequential proceedings, including the assessment order dated 11.05.2023 passed u/s 147 r.w.s. 144B of the Act, are quashed.
In the result, the Assessee’s appeal stands allowed.
Order pronounced in the open court on 31.08.2026.
Sd/- Sd/- PRABHASH SHANKAR NARENDER KUMAR CHOUDHRY ACCOUNTANT MEMBER JUDICIAL MEMBER (Tarun Kushwaha) Sr. Private Secretary
Copy to: The Appellant The Respondent The CIT, Concerned, Mumbai The DR Concerned Bench
//True Copy// By Order
Dy/Asstt. Registrar, ITAT, Mumbai.
More judgments on Section 148
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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