Reassessment limitation and valid approval under section 151(ii) are jurisdictional requirements; non-compliance voids notices and proceedings.
In reassessment proceedings based on deemed notices under the substituted regime, the Revenue had to act within the surviving limitation period after excluding the stayed period, time for furnishing information and material, and the assessee's reply period; notices issued later were time-barred and invalid. For years beyond three years from the end of the assessment year, prior approval had to be taken from the authority specified under section 151(ii); approval from the Principal Commissioner was insufficient and the defect was jurisdictional. The reassessment notices, section 148A(d) orders, and consequential proceedings were therefore void.
Issues: (i) Whether the consequential notices under section 148 and the orders under section 148A(d) were time-barred and invalid on the ground that they were issued beyond the surviving period after exclusion of the time covered by the deemed notices and the period allowed for reply. (ii) Whether, for Assessment Years 2016-17 and 2017-18, the approval for proceedings under section 148A(d) and notices under section 148 had to be obtained from the authority specified under section 151(ii), and whether approval from the Principal Commissioner was sufficient.
Issue (i): Whether the consequential notices under section 148 and the orders under section 148A(d) were time-barred and invalid on the ground that they were issued beyond the surviving period after exclusion of the time covered by the deemed notices and the period allowed for reply.
Analysis: The original notices had been issued between 01.04.2021 and 30.06.2021 and were treated as deemed notices under the substituted reassessment regime. The applicable limitation had to be computed by excluding the period during which the deemed notices remained stayed, the time taken for furnishing information and material, and the time allowed to the assessee to reply. Applying the governing principles, the surviving period for each assessment year had already expired before the consequential notices dated 25.07.2022 and 27.07.2022 were issued. For Assessment Year 2015-16, the proceedings did not survive at all beyond the permissible period.
Conclusion: The reassessment notices and the orders under section 148A(d) were time-barred and invalid. This issue was decided in favour of the assessee.
Issue (ii): Whether, for Assessment Years 2016-17 and 2017-18, the approval for proceedings under section 148A(d) and notices under section 148 had to be obtained from the authority specified under section 151(ii), and whether approval from the Principal Commissioner was sufficient.
Analysis: Once more than three years had elapsed from the end of the relevant assessment years, the statute required prior approval from the higher specified authority under section 151(ii). The orders under section 148A(d) and the consequential notices were issued in July 2022, but approval had been obtained from the Principal Commissioner, who was not the competent authority for that stage. The defect went to the root of jurisdiction and was not a curable irregularity. The foundation of reassessment for these years was therefore invalid.
Conclusion: The sanction obtained was not in accordance with section 151(ii), and the reassessment proceedings for Assessment Years 2016-17 and 2017-18 were invalid. This issue was decided in favour of the assessee.
Final Conclusion: The foundational reassessment proceedings failed on limitation and on lack of valid statutory approval, and the assessments founded on them, along with the appellate orders sustaining or restoring them, could not survive.
Ratio Decidendi: In reassessment proceedings initiated pursuant to deemed notices under the substituted regime, the Revenue must act within the surviving limitation period and must obtain approval from the correct specified authority under section 151 according to the elapsed time from the end of the relevant assessment year; failure on either count renders the notice and all consequential proceedings void.