Reopening Beyond 3 Years Quashed: PCIT (Not PCCIT) Approval U/s 151(ii) Invalid – Jurisdictional Defect Fatal – ITAT Kolkata

Nikhil Maheswari Vs ITO (ITAT Kolkata) Reopening Beyond 3 Years Quashed – Approval by PCIT Instead of PCCIT u/s 151(ii) Invalid – Jurisdictional Defect Fatal – ITAT Kolkata ITAT Kolkata quashed reassessment holding that where notice u/s 148 was issued beyond three years, mandatory approval had to be obtained from PCCIT as per Sec 151(ii), whereas AO obtained sanction only from PCIT-5, Kolkata. Tribunal noted that reopening dated 30.07.2022 for AY 2017-18 was clearly beyond limitation period and therefore approval from wrong authority vitiated jurisdiction. Relying on Agnello Oswin Dias (...