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The article addresses two dominant legal conditions for valid...
Prior Sanction Requirement: absence of prescribed approval invalidates reassessment notice; limitation also bars notice if escaped income below threshold.
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The article addresses two dominant legal conditions for valid reassessment notices: first, the substituted reassessment regime mandates prior sanction by the specific higher authority defined in section 151 before issuing a notice under section 148 where more than three years have elapsed, and absence of that prescribed approval renders the notice void; second, section 149(1)(b) restricts reassessment beyond three years to cases where escaped income meets the statutory monetary threshold, and an alleged escape below that threshold bars issuance of a notice. Applying both principles, the notice was void and reassessment was set aside.
The article addresses two dominant legal conditions for valid reassessment notices: first, the substituted reassessment regime mandates prior sanction by the specific higher authority defined in section 151 before issuing a notice under section 148 where more than three years have elapsed, and absence of that prescribed approval renders the notice void; second, section 149(1)(b) restricts reassessment beyond three years to cases where escaped income meets the statutory monetary threshold, and an alleged escape below that threshold bars issuance of a notice. Applying both principles, the notice was void and reassessment was set aside.
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