INCOME TAX OFFICER, WARD-1, NELLORE vs. VENKATA RAMANAMMA SAKAMURI, NELLORE
What did the Tribunal hold?
The CIT(A) quashed the notice under Section 148 because the approval for reopening the assessment, which was beyond three years from the end of the relevant assessment year, was obtained from the Principal Commissioner of Income Tax, whereas the law required approval from a higher authority (Principal Chief Commissioner or Chief Commissioner). The Tribunal concurred with this finding.
What were the facts?
The Assessing Officer (AO) reopened the assessment for AY 2018-19 based on substantial cash deposits and withdrawals, and liquor purchases, as the assessee had not filed a return. The AO issued a notice under Section 148, and subsequently made additions, leading to an appeal by the assessee.
What were the issues?
Whether the reopening of assessment beyond three years was valid without the approval of the specified higher authority as per Section 151 of the Act.
Which sections of the Income-tax Act were involved?
Section 147,Section 148,Section 148A,Section 151,Section 144,Section 144B
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Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- GKN Driveshafts (India) Ltd. v. ITO1,349 citing1 SCC 72 · 2003 · SC · Read judgment
- Financial Services Pvt. Ltd. v. Dy. CIT95 citing154 Taxmann.com 159 · 2023 · HC
Income Tax Appellate Tribunal, Hyderabad ‘A’ Bench, Hyderabad
आदेशक���त�ल�पअ�े�षत/ Copy of the order forwarded to:- 1. �नधा�रती/The Assessee : Venkata Ramanamma Sakamuri, 1-18, Tikkavaram Post, Pallavolu, Marripadu Mandal, Nellore, Andhra Pradesh-524312. 2. राज�व/ The Revenue : Income Tax Officer, Ward-1, D.No. 27-1- 114, 2nd Floor, Manishankar Spectrum, Opp. Children Park, Aditya Nagar, Nellore, Andhra Pradesh-524002. 3. The Principal Commissioner of Income Tax, Tirupati. 4. �वभागीय��त�न�ध, आयकरअपील�यअ�धकरण /DR,ITAT, Hyderabad. 5. The Commissioner of Income Tax 6. गाड�फ़ाईल / Guard file
आदेशानुसार / BY ORDER
Sr. Private Secretary ITAT, Hyderabad.
More judgments on Section 147
- 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
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
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