Reassessment jurisdiction under the post-2021 regime depends on valid section 148A(b) notice and prior approval under section 151.

Under the post-2021 reassessment regime, valid compliance with section 148A(b) is a mandatory jurisdictional precondition for notice under section 148, and the notice cannot be treated as a mere formality. The text also states that prior approval of the specified authority under section 151 is a further jurisdictional safeguard before reassessment notice can issue. On the facts described, the notice under section 148A(b) was neither generated nor issued or served, and valid approval under section 151 was not shown, rendering the reassessment void ab initio and the consequential additions academic.

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Issues: (i) Whether reassessment proceedings were vitiated for want of issuance and service of notice under section 148A(b) of the Income-tax Act, 1961; (ii) Whether reassessment proceedings were invalid for want of approval by the specified authority under section 151 of the Income-tax Act, 1961.

Issue (i): Whether reassessment proceedings were vitiated for want of issuance and service of notice under section 148A(b) of the Income-tax Act, 1961.

Analysis: After the substitution of sections 147 to 151 by the Finance Act, 2021, compliance with section 148A is a mandatory precondition for issuing notice under section 148. The notice under section 148A(b) is not a mere formality but the jurisdictional foundation for reassessment. On the facts recorded, the notice was neither generated nor issued or served, and no valid compliance with the statutory pre-notice procedure was shown.

Conclusion: The reassessment proceedings were held to be without jurisdiction and void ab initio on this ground.

Issue (ii): Whether reassessment proceedings were invalid for want of approval by the specified authority under section 151 of the Income-tax Act, 1961.

Analysis: Approval of the specified authority under section 151 is a jurisdictional safeguard before issuance of notice under section 148. Where such approval is not obtained from the prescribed authority, the reassessment notice and the consequential proceedings cannot stand. The record, as accepted by the Tribunal, did not show valid approval by the specified authority.

Conclusion: The reassessment proceedings were held to be invalid and liable to be quashed for lack of valid approval under section 151.

Final Conclusion: The reassessment was quashed for failure to comply with the mandatory statutory prerequisites for reopening, rendering the additions on merits academic and infructuous, and the assessee succeeded in appeal.

Ratio Decidendi: In reassessment under the post-2021 regime, valid issuance of notice under section 148A(b) and prior approval of the specified authority under section 151 are jurisdictional conditions precedent; non-compliance renders the reassessment void ab initio.

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