MUKESH CHAND SHARMA,AGRA vs. ITO 1(1)(2), AGRA

This assessee’s appeal for assessment year 2006-07, arises against the Commissioner of Income Tax (Appeals)-1 [in short the “CIT(A)], Agra’s order in appeal No. ITBA/[e-filed]/CIT(A)-1/Agra/ITO- 1(1)(2)/Agra/2017-18 dated 12.09.2018, involving proceedings under section 147 r.w.s. 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

Heard both the parties at length. Case file perused.

It emerges during the course of hearing that there arises the first and foremost issue of validity of the reopening itself for want of a valid approval by the learned prescribed authority u/s. 151 of the Act.

Our attention is invited to page 14 of the case file wherein learned prescribed authority had accepted the Assessing Officer’s reopening proposal as “Yes, I am satisfied………” . This being the clinching factual position emanating from the case file, we hereby quote CIT vs. S.

All other pleadings on merits stand rendered academic.

This assessee’s appeal is allowed. Order pronounced in the open court on 13THFebruary, 2025.