Section 151(ii) of the Income Tax Act

Income-tax Act, 2025: s.284

Section 151(ii) falls under section 151 of the Income-tax Act, 1961, which corresponds to section 284 (Sanction for issue of notice) of the Income-tax Act, 2025.

Read section 284 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 151(ii) is Ramesh Bachulal Mehta v. ITO (177 Taxmann.com 606), cited in 27 of the 123 judgments on BharatTax that turn on this section.

Leading authorities on Section 151(ii)

Ramesh Bachulal Mehta v. ITO
177 Taxmann.com 606 · 2025 · High Court
27
citing judgments

Sanction for issuing a reassessment notice under Section 148 is a prerequisite for the Assessing Officer to assume jurisdiction. The specified authority under Section 151(i) could grant sanction only until the expiry of the prescribed period, considering any extensions provided by the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA).

Alag Property Construction (P.) Ltd. v. ACIT
179 Taxmann.com 578 · 2025 · High Court
21
citing judgments

Sanction for reassessment proceedings under Section 151(i) must be obtained from the specified authority within the extended timeline provided by Section 3(1) of TOLA, especially when the three-year period for initiating reassessment expires during the COVID-19 lockdown period. Failure to obtain sanction from the correct authority renders the reassessment proceedings invalid.

ACIT v. Surya Ferrous Alloys (P.) Ltd.
169 Taxmann.com 736 · 2024 · ITAT
14
citing judgments

Reassessment orders are liable to be quashed if the approval for issuing notice under section 148 was not obtained from the specified authority under section 151(ii).

Micro Marbles Pvt. Ltd. v. ITO
457 ITR 569 · 2023 · High Court
11
citing judgments

Reassessment proceedings are vitiated if the Assessing Officer fails to provide the assessee with the relevant documents and material forming the basis for initiating such proceedings. This failure, including not supplying statements relied upon, can lead to the quashing of the notice and subsequent assessment order.

Pradeep Himatlal Shah v. ITO
170 Taxmann.com 471 · 2025 · High Court
10
citing judgments

A notice under section 148 of the Income-tax Act, 1961, issued beyond three years from the relevant assessment year, requires the sanction of the Chief Commissioner or Commissioner, and not merely the Principal Commissioner, for validity.

736 (Mumbai Trib.); (iv) Rahat Mohammed Riyazuddin Shaikh v. ITO and ACIT vs. Ramchand Thakurdas Jhamtani
173 Taxmann.com 182 · 2025 · Reported
6
citing judgments
Rajeev Bansal Judgment (SC) In Union of India v. Rajeev Bansal
167 Taxmann 70 · 2024 · Supreme Court
3
citing judgments

Judgments on Section 151(ii)

Paresh Hiralal Shah, Mumbai vs. Income Tax Officer Ward 34(3)(2), Mumbai

In the result, the CO filed by the Assessee is allowed, whereas the appeal filed by the Revenue stands dismissed

ITA 4775/MUM/2025[2018-19]Status: DisposedITAT Mumbai10 Nov 2025AY 2018-19

Bench: Shri Narender Kumar Choudhryassessment Year: 2018-19 Mr. Paresh Hiralal Shah, Income Tax Officer, 302, Shree Krishna Sadan, Ward 34(3)(2), Paranjpe Scheme No.2, (Assessment Unit Subhash Road, Vile Parle East, Vs. Income Tax Department) Mumbai – 400 057 Kautilya Bhavan, Pan: Albps7761C Bandra Kurla Complex, Bandra (East), Maharashtra - 400051 (Appellant) (Respondent) Present For: Assessee By : Shri Shashi Bekal, Ld. A.R. Revenue By : Shri Vikas Chandra, Ld. Sr. D.R. Date Of Hearing : 10.11.2025 Date Of Pronouncement : 10.11.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 20.06.2025, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac)/ 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. 2018-19. 2. In The Instant Case, Though The Notice U/S 148A(D) Of The Act Was Issued Within 3 Years From The End Of The Relevant Assessment Year, However, It Is Admitted That The Notice U/S 148 Of The Act Was 2 Mr. Paresh Hiralal Shah

For Appellant: Shri Shashi Bekal, Ld. A.RFor Respondent: Shri Vikas Chandra, Ld. Sr. D.R
Section 147Section 148Section 148ASection 151Section 250