Case Law Details
Blue Chip Developers (P) Ltd. Vs ITO (ITAT Delhi)
In the present case the approving authority has given approval to the reopening of assessment in a mechanical manner without due application of mind by only mentioning in Column No. 12 ‘YES’, in the Reasons for Initiating Proceedings u/s. 147 and For obtaining the Approval of the Addl. Commissioner of Income Tax. On this count the reassessment is not sustainable in the eyes of law and needs to be quashed.
FULL TEXT OF THE ITAT JUDGEMENT
The Assessee has filed this appeal against the impugned order dated 15.01.2019 passed by the Ld. CIT(A)-2, New Delhi on the following grounds:-
1. That under the facts and circumstances, the initiation of proceedings u/s. 147/148 is illegal, without jurisdiction, mechanical, without application of mind and unsustainable in law as well as on merits.
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What happens when AO has opened the assessment based on approval of CIT for wrong PAN number ie of unknown number with the excuse of typing mistake.whether it is legal to proceed with this and also issued the notice on wrong PAN.susquent to this AO has issued the second notice u/s 148 saying that a fresh notice.what is legal position.AO has also upload ed the two more notices as letter attachedment.This may be classical case for study by CA indicating that how income tax dept is working .?