Facts of the Case

The petitioners filed their income tax returns for Assessment Years 2016-17 and 2017-18, which were processed under Section 143(1) of the Income Tax Act, 1961.

Subsequently, the Income Tax Department initiated reassessment proceedings by issuing show cause notices under Section 148A(b) on the ground that income chargeable to tax had escaped assessment.

After considering the replies submitted by the petitioners, the Assessing Officer passed orders under Section 148A(d) and issued reassessment notices under Section 148 of the Act.

The petitioners challenged the validity of these notices before the Delhi High Court contending that the mandatory approval of the “specified authority” under Section 151(ii) had not been obtained before issuing the reassessment notices.

 Issues Involved 

               

  1. Whether reassessment notices issued under Sections 148A(d) and 148 are valid without obtaining prior approval of the specified authority under Section 151(ii) of the Income Tax Act.
  2. Whether approval granted by an authority specified under Section 151(i) is valid when more than three years have elapsed from the end of the relevant assessment year.

Petitioner’s Arguments

  • The reassessment notices were issued after the expiry of three years from the end of the relevant assessment year.
  • As per Section 151(ii), approval in such cases must be obtained from Principal Chief Commissioner / Principal Director General / Chief Commissioner / Director General.
  • However, in the present case, approval was obtained from the Principal Commissioner, which falls under Section 151(i).
  • Since the approval was obtained from the wrong authority, the reassessment proceedings were without jurisdiction and liable to be quashed.
  • Reliance was placed on the Delhi High Court judgment in Ganesh Dass Khanna vs Income Tax Officer, which dealt with a similar issue relating to sanction under Section 151.

 Respondent’s Arguments


  • The Revenue argued that the reassessment proceedings were initiated in accordance with the amended reassessment framework introduced by the Finance Act, 2021.
  • It was contended that the approval obtained from the authority was sufficient and that the reassessment notices were valid.
  • The department also relied upon the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA) to justify the initiation of reassessment proceedings.

 

Court Order / Findings

  • The first proviso to Section 148 mandates that no reassessment notice can be issued without prior approval of the specified authority.
  • Section 151 of the Income Tax Act specifies different authorities depending upon the time elapsed from the end of the relevant assessment year.
  • If three years or less have elapsed, approval must be obtained from authorities specified under Section 151(i).
  • If more than three years have elapsed, approval must be obtained from authorities mentioned in Section 151(ii).

 

Important Clarification

  • Approval of the specified authority is mandatory for issuing reassessment notices under Section 148.
  • The authority granting approval must correspond with the time limit prescribed under Section 151.
  • If approval is obtained from the wrong authority, the reassessment proceedings become void and unsustainable in law. 


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

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