MANDEEP KAUR,FATEHABAD vs. ITO, WARD - 1, FATEHABAD
What did the Tribunal hold?
The Tribunal held that since the reassessment notice was issued beyond three years from the end of the assessment year, the approval should have been obtained from the Principal Chief Commissioner (Pr. CCIT) as per Section 151(ii) of the Act. The approval from Pr. CIT was not in compliance with the law.
What were the facts?
The Assessing Officer (AO) initiated reassessment proceedings for AY 2016-17. The notice under Section 148 was issued on 29.07.2022, with approval from the Principal Commissioner of Income Tax (Pr. CIT). The assessee argued that this approval was from the wrong authority, as more than three years had elapsed since the end of the assessment year.
What were the issues?
Whether the reassessment proceedings are invalid due to the approval for issuing the notice under Section 148 being obtained from an incorrect authority as per Section 151(ii) of the Income Tax Act.
Which sections of the Income-tax Act were involved?
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- Union of India v. Rajeev Bansal713 citing167 Taxmann.com 70 · 2024 · SC · Read judgment
- Bar Association v. State of U P70 citing160 Taxmann.com 32 · 2024
Income Tax Appellate Tribunal, “B” BENCH, CHANDIGARH
Before: HON’BLE SHRI RAJPAL YADAV & HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM
Manoj Kumar Aggarwal (Accountant Member)
Aforesaid appeal by assessee for Assessment Year (AY) 2016- 17 arises out of an order of learned Commissioner of Income Tax (Appeals), NFAC [CIT(A)] dated 17-02-2025 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s 147 r.w.s. 144of the Act on30-04-2023. 2. The Ld. AR, at the outset, urged legal ground no.4 to assail the juri iction of Ld. AO. In this ground of appeal, it has been pleade
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More judgments on Section 151
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Rajesh Kumar Khandelwal, Jaipur vs ITO Ward 5(1), JaipurITA 21/JPR/2026[2016-17]Status: Disposed21 Oct 2026AY 2016-17
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2124/AHD/2026[2019-20]Status: Disposed21 Oct 2026AY 2019-20
- Shree Bandharda Seva Sahkari Mandli Ltd… vs Income Tax Officer Ward -4, JunagadhITA 881/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Naresh Chandra Khattar, Agra vs ITO Ward-1(1)(2), AgraITA 475/AGR/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
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