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Reassessment Beyond 3 Years Void for PCIT Approval Instead of PCCIT – ITAT Mumbai
Case Law Details
- TaxGuru Citation
- 2026 taxguru.in 2554
- Case Name
- Adarsh Developers Vs ITO (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2017-18
- Courts
- All ITAT, ITAT Mumbai
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Adarsh Developers Vs ITO (ITAT Mumbai)
Reopening Beyond 3 Years Invalid – Approval by PCIT Instead of PCCIT Violates Sec 151(ii) – Entire Reassessment Quashed – ITAT Mumbai
AO reopened assessment u/s 147 alleging undervaluation of property u/s 43CA & estimated GP addition; CIT(A) upheld reassessment and additions. Assessee raised additional legal grounds challenging validity of notice u/s 148 under new regime.
ITAT held that where notice is issued beyond 3 years, approval must be obtained from specified higher authority as per Sec 151(ii). In present case, sanction w...
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