Case Law Details
Case Name : Commissioner of Income Tax vs SPL's Siddhartha Ltd. (Delhi High Court)
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All High Courts Delhi High Court
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CIT Vs. SPL’s Siddhartha Ltd (Delhi High Court)- The argument of the assessee before the Tribunal was that the approval was not granted by the Joint Commissioner for reopening U/s. 147. Instead, it was taken from the CIT, Delhi-III, New Delhi, who was not competent to approve even when he was a higher Authority inasmuch as Section 151 of the Act specifically mentions Joint Commissioner as the Competent Authority. This contention of the respondent-assessee has been accepted by the Tribunal thereby quashing the assessment proceedings. The contention of the Revenue that it was merely an irregul...
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The Hon’ble High Court could have gone further to investigate, why the Officer has sought sanction from the Commissioner when the Act clearly states it should be from the Joint Commissioner or a direction to the Chief Commssioner to investigate the reasons, so that the damage caused to the revenue could be avoided in future. Any of how whether it is negligence or arrogance both requires to be admonised by appropirate authorites. Income tax Act is not a new enactment to commit such grave mistatkes , it is unfortunate the department tries to seek heldp of section 292B to getout from the negligence.