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Reopening Quashed for Approval u/s 151 by PCIT Instead of CCIT: ITAT Dehradun
Case Law Details
- Case Name
- Sheikh Ikbal Husen Vs Assessment Unit ITO (ITAT Dehradun)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2013-14
- Courts
- All ITAT, ITAT Dehradun
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Sheikh Ikbal Husen Vs Assessment Unit ITO (ITAT Dehradun)
Reopening Quashed – Approval u/s 151 by PCIT Instead of CCIT Held Invalid – ITAT Dehradun Sets Aside Assessment
The ITAT Dehradun allowed the assessee’s appeal and quashed reassessment proceedings after holding that approval for issuing notice u/s 148 was granted by an incompetent authority. The Tribunal noted that approval u/s 151 was given by the PCIT, whereas CBDT instructions mandated approval by the CCIT in such cases.
Relying on coordinate bench ruling in Kavita Sharma, the Tribunal observed that when statutory approval is d...



