Incorrect Approval Dooms 148 Notice: ITAT Quashes Reassessment Under New Regime

Sandeep Gupta Vs ITO (ITAT Delhi) A notice under the old Section 148 was issued on 24.06.2021. After the Supreme Court’s ruling in Ashish Agarwal, AO issued 148A(b) on 24.05.2022, passed an order u/s 148A(d) on 29.07.2022 & then issued a fresh notice u/s 148 on 30.07.2022—with approval from the PCIT. Assessee argued that as per Union of India vs Rajeev Bansal (SC), once the new reassessment regime (post–1.4.2021) applies, the notice u/s 148 must have approval of the “specified authority” under Section 151(ii)—i.e., PCCIT/PDGIT/CCIT, not PCIT. Tribunal accepted this, holding tha...