Reassessment Quashed — Approval by Wrong Authority U/s 151(ii) Invalidates Notice u/s 148 Entire Proceedings: ITAT Mumbai

ACIT Vs Nilkamal Crates & Containers (ITAT Mumbai) The dispute involved reassessment initiated for AY 2016-17 alleging bogus donation entries claimed u/s 35(1)(ii). While CIT(A) had deleted addition on merits, the assessee raised legal ground before ITAT challenging validity of reopening based on improper sanction under sec.151. ITAT observed that reopening proceedings were initiated after three years from end of relevant AY, hence approval was required from the “specified authority” as per sec.151(ii), i.e., Principal Chief Commissioner/Chief Commissioner/Director General. However, ap...