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Wrong Approval Authority = Entire Reassessment Void; ITAT Quashes 148 Proceedings
Case Law Details
- Case Name
- ACIT Vs Rishabh Avnish Mody (ITAT Mumbai)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2016-17
- Courts
- All ITAT, ITAT Mumbai
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ACIT Vs Rishabh Avnish Mody (ITAT Mumbai)
In this case, the reassessment was initiated for AY 2016–17 based on alleged suspicious transactions. Though the CIT(A) deleted additions on merits, the assessee raised a jurisdictional challenge before the ITAT, arguing that approval under section 151 was obtained from the wrong authority.
The ITAT accepted the jurisdictional objection and held:
After 3 years from end of AY, approval must be taken from PCIT/CCIT (higher authority) under section 151(ii)
In this case, approval was taken only from the Principal Commissioner, which is ...
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