Facts of the Case

The petitions before the Delhi High Court involved reassessment proceedings relating to Assessment Years 2016-17 and 2017-18. The petitioners had filed their income tax returns, which were processed by the Income Tax Department under Section 143(1) of the Income Tax Act.

Following the Supreme Court decision in Union of India v. Ashish Agarwal, the Revenue issued notices under Section 148A(b) alleging that certain income had escaped assessment.

After receiving replies from the assessees, the Assessing Officer passed orders under Section 148A(d) and issued reassessment notices under Section 148 of the Act.

The petitioners challenged these notices before the High Court on the ground that the reassessment proceedings were initiated without obtaining approval from the “specified authority” as required under Section 151(ii) of the Income Tax Act.

 

Issues Involved

  1. Whether reassessment notices issued under Sections 148 and 148A(d) without approval from the specified authority under Section 151(ii) are legally valid.
  2. Whether approval from a lower authority instead of the statutorily prescribed authority can sustain reassessment proceedings.
  3. Whether reassessment proceedings initiated pursuant to the decision in Union of India v. Ashish Agarwal can bypass the statutory requirement of approval.

 

Petitioner’s Arguments

  • The reassessment proceedings were initiated after more than three years from the end of the relevant assessment year, and therefore approval was required from the authority specified under Section 151(ii).
  • However, approval was obtained from authorities mentioned in Section 151(i) instead of the competent authority prescribed under Section 151(ii).
  • The first proviso to Section 148 clearly mandates that no notice shall be issued unless prior approval of the specified authority is obtained.
  • Therefore, the impugned notices and orders were issued without jurisdiction and were liable to be quashed.

 

Respondent’s Arguments

  • The reassessment proceedings were initiated in accordance with the framework laid down by the Supreme Court in Union of India v. Ashish Agarwal.
  • Reliance was placed on the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA) and CBDT Instruction No.1/2022 dated 11.05.2022.
  • The Revenue also suggested that approval of the specified authority was not mandatory in the manner claimed by the petitioners.
  • Alternatively, the Revenue sought liberty to initiate reassessment proceedings afresh if the Court set aside the impugned notices.

 

Court Findings

  • The first proviso to Section 148 clearly mandates that a notice for reassessment can only be issued after obtaining prior approval of the specified authority.
  • Section 151 specifies which authority is competent to grant such approval depending on the time elapsed from the relevant assessment year.
  • If more than three years have elapsed, approval must be obtained from authorities specified under Section 151(ii) such as the Principal Chief Commissioner or Principal Director General.
  • In the present batch of cases, although more than three years had elapsed, approval was obtained from authorities falling under Section 151(i), which was not legally permissible.
  • Therefore, the reassessment notices and orders were legally unsustainable.

 

Court Order

  • Quashed the impugned notices issued under Section 148 and the orders passed under Section 148A(d) in all the writ petitions.
  • Held that the reassessment proceedings were invalid due to absence of approval from the specified authority under Section 151(ii).
  • Granted liberty to the Revenue to initiate reassessment proceedings afresh in accordance with law.

 

Important Clarification by the Court

  • Approval of the specified authority is a mandatory statutory requirement under the Income Tax Act.
  • The rank of the approving authority depends on the time limit prescribed in Section 149, which is linked with Section 151.
  • Failure to obtain approval from the correct authority renders reassessment proceedings invalid in law.

Link to download the order -  https://delhihighcourt.nic.in/app/showFileJudgment/RAS05012024CW165242022_114311.pdf

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