ITAT Mumbai – Reassessment Quashed Following Bombay HC Order; Invalid Section U/s 151 Vitiates Entire Proceedings

Jignesh Janu Abgul Vs ITO (ITAT Mumbai) In Jignesh Janu Abgul (AY 2016-17), reassessment proceedings initiated u/s 147 were challenged after the Bombay High Court quashed the notice u/s 148 on the ground of improper sanction under sec.151, following the ruling in Siemens Financial Services Pvt. Ltd.. Despite the High Court’s decision being placed before CIT(A), the matter was merely set aside for verification instead of granting relief. The ITAT held that the jurisdictional High Court’s order was binding and once the reopening notice was declared invalid, the AO lacked jurisdiction ab init...