Facts of the Case

The petitioners filed writ petitions challenging reassessment proceedings initiated by the Income Tax Department for Assessment Years 2016-17 and 2017-18.

The Income Tax Department issued notices under Section 148A(b) of the Income Tax Act alleging that income had escaped assessment. After receiving replies from the assessees, the department passed orders under Section 148A(d) and subsequently issued notices under Section 148 for reassessment.

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

The department argued that the approvals obtained from the Principal Commissioner of Income Tax were sufficient and relied on provisions of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA) and CBDT Instruction No. 1/2022.

Issues Involved

  1. Whether reassessment notices issued under Sections 148A(d) and 148 are valid when approval has not been obtained from the specified authority under Section 151(ii) of the Income Tax Act.
  2. Whether the approval of the specified authority is mandatory for initiating reassessment proceedings under the amended provisions of the Income Tax Act after the Finance Act, 2021.
  3. Whether reassessment proceedings initiated without the correct authority’s approval can be sustained in law. 

Petitioner’s Arguments

  • The reassessment proceedings were initiated without obtaining approval from the specified authority prescribed under Section 151(ii) of the Income Tax Act.
  • Since more than three years had elapsed from the end of the relevant assessment year, approval should have been obtained from Principal Chief Commissioner / Chief Commissioner / Director General.
  • The department instead obtained approval from Principal Commissioner, which is not the specified authority in such circumstances.
  • Therefore, the notices issued under Sections 148A(d) and 148 were invalid and liable to be quashed. 

Respondent’s Arguments

  • The approval obtained from the Principal Commissioner was adequate for initiating reassessment proceedings.
  • The department relied upon TOLA and CBDT Instruction No. 1/2022 to justify the initiation of reassessment proceedings.
  • It was further argued that approval of the specified authority was not mandatory in the manner argued by the petitioners.

Court Findings / Court Order

  • The first proviso to Section 148 clearly mandates that no notice can be issued unless prior approval of the specified authority is obtained.
  • Section 151 specifically identifies the authority competent to grant approval depending on the time elapsed since the relevant assessment year.
  • Where more than three years have elapsed, approval must be obtained from Principal Chief Commissioner / Chief Commissioner / Director General and not from a lower authority.
  • In the present case, approvals were obtained from authorities specified under Section 151(i) instead of Section 151(ii).
  • Consequently, the reassessment notices and orders were invalid in law.

Important Clarification by the Court

  • Approval from the specified authority under Section 151 is mandatory before issuing reassessment notices.
  • The authority granting approval depends on the time limitation prescribed under Section 149.
  • If more than three years have elapsed from the end of the relevant assessment year, approval must be obtained from the higher authority specified under Section 151(ii).

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

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