Reassessment Notice Issued with approval of JCIT instead of CIT is invalid

Global Associates Vs DCIT (ITAT Bangalore) In the instant case, undisputed fact is that the assessee was not earlier assessed to tax for assessment year 2005-06 and hence no assessment order u/s 143(3) of the Act is available. In that situation, the provisions of section 151(2) of the Act is applicable to the facts of the present case, as per which the A.O. is required to obtain approval from Joint Commissioner of Income tax. On the contrary, the A.O. has obtained approval from Ld. Commissioner of Income Tax. The question is whether approval from a superior authority is fatal to the assessment...