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Facts
The assessee filed an appeal against the order of the CIT(A) upholding the reopening of assessment. The notice under Section 148 was issued on 29.07.2022 for the Assessment Year 2018-19.
Held
The Tribunal held that the sanction for issuing the notice u/s.148 was granted by the Principal Commissioner, which is not in accordance with Section 151 of the Act, as more than 3 years had elapsed from the end of the Assessment Year. Therefore, the notice and subsequent proceedings were treated as null and void.
Key Issues
Whether the reopening of assessment under Section 147/148 was valid when the sanction for issuing the notice was not in accordance with Section 151 of the Act.
Sections Cited
147, 144, 148, 151
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Income Tax Appellate Tribunal, “SMC” BENCH, AHMEDABAD
Before: DR. B.R.R. KUMAR, VICE-Ms. SUCHITRA KAMBLE
O R D E R PER DR. B.R.R. KUMAR, VICE-PRESIDENT:- Delay Condoned This appeal is filed by the Assessee against the appellate order dated 28.02.2024 passed by the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi, relating to the Assessment Year 2018-19. 2. The assessee has raised the following grounds of appeals:
The Ld.CIT(A) erred in law as well as on facts in upholding reopen of assessment u/s.147 rws 144 of the Act. Vithal L Boria Vs. ITO Asst. Year : 2012-13 - 2– 2. The Ld.CIT(A) erred in law as well as on facts appeal dismissing only on limitation grounds without considering the merits. 3. The Ld.CIT(A) erred in law as well as on facts upholding reopening of assessment u/s.147 rws 144 which was time barred. 4. The Ld.CIT(A) erred in law as well as on facts in upholding validity of notice issued u/s.148 which was issued manually and without DIN. 5. The Ld.CIT(A) erred in law as well as on facts without given any further opportunity being heard.
In the appeal pertaining to the Assessment Year 2018-19, the notice u/s.148 of the Act has been issued on 29.07.2022. As per the provisions of section 151 of the Act, the sanction of issue of notice u/s.148 of the Act has to be by the Principal Chief Commissioner or Principal Director General or Chief Commissioner or Director General if more than 3 years have elapsed from the end of the relevant Assessment Year. Since the approval has been given by the Principal Commissioner in this case, the fact of which has not been disputed by the Revenue, we hold that notice issued by the Revenue is initiated, and hence the subsequent proceedings are hereby treated as null and void.
In the result, the appeal filed by the assessee is allowed.