Manoj Rajput Vs DCIT-1(1) (ITAT Raipur)
Summary: The ITAT Raipur allowed the assessee’s appeal against the order dated 04.10.2023 passed by the CIT(A), NFAC, Delhi, arising from the reassessment order dated 11.05.2023 under Sections 147, 144 and 144B for AY 2017-18. The Assessing Officer had treated Rs.53.59 lakh out of bank-account credits of Rs.66.10 lakh as unexplained investment under Section 69 read with Section 115BBE. The assessee challenged the validity of reassessment, contending that approval under Section 151(ii) had not been obtained from the specified authority and that no notice under Section 143(2) had been issued after filing the return in response to Section 148 notice. The Tribunal held that, since the Section 148 notice was issued on 30.06.2022, beyond three years from the end of AY 2017-18, approval under Section 151(ii) was required from the Principal Chief Commissioner, Principal Director General, Chief Commissioner or Director General, as applicable. As approval had instead been obtained from the Pr. Commissioner of Income Tax, the Tribunal held that the assessment suffered from an invalid assumption of jurisdiction and quashed the reassessment order. The Tribunal therefore refrained from adjudicating the assessee’s other challenge based on non-issuance of notice under Section 143(2), leaving it open. The appeal was allowed.
ITAT Raipur on Validity of Section 151 Approval
The appeal was filed by the assessee against the order dated 04.10.2023 passed by the Commissioner of Income-Tax (Appeals), National Faceless Appeal Center, Delhi, arising from the assessment order dated 11.05.2023 passed by the Assessing Officer under Section 147 read with Sections 144 and 144B of the Income-tax Act, 1961 for AY 2017-18.
