This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
Reopening U/s. 148 without approval of designated authority is void ab initio
Case Law Details
- Case Name
- DCIT Vs Bhaijee Portfolio Pvt. Ltd. (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2007-08
- Courts
- All ITAT, ITAT Delhi
Upgrade to Basic or Premium to download.
Already Upgraded? Log in.
Advertisement
DCIT Vs Bhaijee Portfolio Pvt. Ltd. (ITAT Delhi)
In this From the records, it can be clearly seen that the notice has been issued prior to the approval. Thus, reopening u/s 148 is without the approval of the designated authority and as such reassessment itself is bad and without any jurisdiction. The mandatory conditions of Section 148 has not at all followed by Revenue. Therefore, the re-opening itself is void ab initio and does not survive.
FULL TEXT OF THE ITAT JUDGMENT
The appeal is filed by the Revenue and the Cross Objection is filed by the assessee against the order dat...






