Ankita Loksh Goyal Vs ITO (ITAT Delhi)
ITAT Delhi held that permission of initiation of reassessment proceedings u/s. 148 of the Income Tax Act beyond the period of three years is to be obtained only from Pr. Chief Commissioner of Income Tax (PCCIT). Here, permission obtained from Pr. Commissioner of Income Tax (PCIT) is invalid.
Facts- The present appeal has been filed by the assessee. The assessee mainly contested that that the assessment order passed u/s 147/144B of the Act dated 25.09.2023 by the Assessing Officer is bad in law and void ab initio for the reason that the said order was passed without a valid sanction u/s 151 of the Act as ex-facie there is no valid “reasons to believe” u/s 148(2) and no valid order is passed u/s 148A(b) and therefore the entire reopening proceedings are vitiated.
Conclusion- Hon’ble Jurisdictional High Court in the case of Rajesh Gupta (HUF) Vs. ACIT it was held that when the permission is obtained beyond the period of three years it had to be obtained only from Pr. Chief Commissioner of Income Tax and not from Pr. Commissioner of Income Tax. The Hon’ble High Court quashed the reassessment proceedings in the absence of proper approval obtained by the AO and the ratio to this judgment squarely applies to the facts of the assessee’s case.
