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Reopening Quashed for Approval u/s 151 by PCIT Instead of CCIT: ITAT Dehradun

Case Law Details

Case Name
Sheikh Ikbal Husen Vs Assessment Unit ITO (ITAT Dehradun)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2013-14
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Sheikh Ikbal Husen Vs Assessment Unit ITO (ITAT Dehradun) Reopening Quashed – Approval u/s 151 by PCIT Instead of CCIT Held Invalid – ITAT Dehradun Sets Aside Assessment The ITAT Dehradun allowed the assessee’s appeal and quashed reassessment proceedings after holding that approval for issuing notice u/s 148 was granted by an incompetent authority. The Tribunal noted that approval u/s 151 was given by the PCIT, whereas CBDT instructions mandated approval by the CCIT in such cases. Relying on coordinate bench ruling in Kavita Sharma, the Tribunal observed that when statutory approval is d...
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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 5,525

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