2018 (4) TMI 1535

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....ssee's appeal under Section 260A of the Income Tax Act questions the order of the Income Tax Appellate Tribunal (ITAT). It is contended that the satisfaction recorded by the Commissioner of Income Tax [CIT (A)] in this case was, in essence, by an official authority not competent to authorize to reopen the assessment which stands completed. Learned counsel relied upon a judgment of this Court in Co....

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....ght by the AO for initiating proceedings u/s. 147, we find that the ld.CIT(A) has not considered the distinguishing features in the decision relied upon by him in the case of SPL‟s Siddhartha Ltd. [supra] vis-avis the case of assessee. In the reported case, proposal for approval was sent by the Assessing Officer to the ld. CIT through the Addl. CIT and the Addl. CIT did not record any of his....

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....file to the DIT instead of sending it back to the AO and the DIT having given second approval in the matter, it cannot be said, in the peculiar circumstances of the case, that the competent authority, i.e. Addl. DIT did not accord its approval for initiating proceedings u/s. 147 against the assessee nor does the second approval given by DIT got to mitigate the authenticity of approval given by ld.....