2020 (5) TMI 507

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.... Court of India in the case of National Thermal Power Corporation vs. CIT (1998) 229 ITR 383 (SC). 1. "That under the facts and circumstances no proceedings u/s. 147/148 could had been initiated on the basis of seized material in search of a 3rd party against correctly only us. 153C of the I.T. Act. 2. That the initiation of proceedings u/s. 147/148 are illegal and incompetent on account of fatally defective approval u/s. 151 of the I.T. Act." 3. However, at the time of hearing, Ld. AR of the assessee only argued the additional ground no. 2 and stated that this additional ground is purely legal which goes to the root of the matter and all facts and material required for this ground already available on record and therefore, the same ne....

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.... was not taken before the Ld. CIT(A), hence, the same may not be admitted and appeal of the assessee may be dismissed. He further relied upon the orders of the authorities below and the case laws cited therein. 5. I have heard both the parties and perused the records, especially the additional ground filed by the assessee and the case law supporting the case for admission of additional ground and on which the Ld. Sr. DR requested not to admit the additional ground. In my considered view, the additional ground no. 2 is in legal and jurisdictional nature and needs to be admitted in the interest of justice, in view of the Hon'ble Supreme Court decision in the case of NTPC 229 ITR 383 (SC). Hence, I admit the same and only deciding the additio....

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....ating the reassessment proceedings, because from the aforesaid remarks, it is not coming out as to which material; information; documents and which other aspects have been gone through and examined by the Addl. CIT, Range-55, Delhi as well as Pr. CIT, Delhi-19 for reaching to the satisfaction for granting approval. Thereafter, the AO has mechanically issued notice u/s. 148 of the Act. Keeping in view of the facts and circumstances of the present case and the case laws applicable in the case of the assessee, I am of the considered view that the reopening in the case of the assessee for the asstt. Year in dispute is bad in law and deserves to be quashed. My aforesaid view is fortified by the following decisions including the ITAT, SMC, Bench,....