TaxTMI 
TaxTMI 
2015 (10) TMI 525
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....assessment u/s 147 and thereafter the continuation thereof without passing a speaking order examining the objections taken by the assessee to the issue of Notice u/s 147 / 148 is being contested. 2. Because the action is being chalalenged on facts and law since the addition for Rs. 90,00,000/- has been made traveling beyond the reasons recorded which were limited to Rs. 20,00,000/- wherein the actual receipt from the payee being the basis of reasons recorded is Rs. 10,00,000/-. 3. Because the action is being challenged on facts and law since the addition for Rs. 90,00,000/- has been made without providing the resource of the receipt of information that the same is an accommodation entry and without having given cross examination of th....
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....notice u/s 148 of the Income Tax Act, 1961 was issued on 25.3.2009 after obtaining approval of the commissioner of Income Tax, Delhi-III, New Delhi." 2. The additional Ground of Appeal is being raised for the first instance before the Tribunal emerging from the facts and material on record. 3. The understated ground of appeal is being brayed to be allowed to be raised and admitted for adjudication and examination since emerging out of existing material on record on the fact of the case. "Because the action for concluding the reassessment is being challenged since the 'approval' has not been taken from designated authority & is in violation of section 151 (2) and additionally the sanctioning authority is not having the 'charge' over th....
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....aking an addition under the head "income from other sources" amounting to Rs. 90,22,500/-. The assessment was confirmed by the CIT(A) by the impugned order dated 16.3.2010. 7. The assessee being aggrieved is in appeal before us. 8. We have heard rival submission and perused the material on record. In the instant case, admittedly, neither assessment u/s 143 (3) nor u/s 147 was completed prior to issuance of notice u/s 148 of the Act. The notice u/s 148 of the Act was issued on 25.3.2009 i.e. four years beyond the end of the assessment year. Therefore u/s 151 (2) of the Act is applicable to the facts of instant case. Section 151(2) of the Act read as under : "(2) In a case other than a case falling under sub-section (1), no notice sh....
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....as to be granted by that very authority. This function cannot be delegated to any other authority. It is the legal duty cast upon that authority to perform the said function. If that authority fails in performing his legal functions and the same is performed by the other authority then it goes to the very root of proper assumption or jurisdiction by the authority which was required to take that sanction. This is a purely legal issue and can be raised at any stage of proceeding. 8.2. Hon'ble Delhi High Court in the case of SPL'S Siddhartha Ltd. (supra) has quashed the reassessment proceedings for want of sanction of Joint Commissioner of Income Tax when it was so required as per section 151(2), observing as under :- "As per the afor....
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....as held: "Where the Assessing Officer does not himself exercise his jurisdiction under 147 but merely acts at the behest of any superior authority, it must be held that assumption of jurisdiction was bad for non-satisfaction of the conditions precedent." The Apex Court in the case of Anirudh sinhji Karansinhji Jadejav, State of Gujarat (1995) 5 SSC 302 has held that if a statutory authority has been vested with jurisdiction, he has to exercise it according to its own discretion. If discretion is exercised under the direction or in compliance with some higher authorities instruction, then it will be a case of failure to exercise discretion altogether. We are, therefore, of the opinion that the Tribunal has rightly decided the legal asp....