2022 (4) TMI 1446

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....ioner : Dr. Shivram, Senior Advocate a/w. Mr. Rahul Hakani For the Respondent : Mr. Akhileshwar Sharma ORDER P.C.: 1 Petitioner is impugning a notice dated 31st March 2021 issued under Section 148 of the Income Tax Act, 1961 (the Act) for Assessment Year 2015-2016, an order dated 24th January 2022 rejecting petitioner's objections to reopening, the sanction granted under Section 151 of....

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....r years have elapsed at the time of reopening, the sanction is required to be obtained from the Principal Commissioner of Income Tax and since the sanction has not been obtained from the Principal Commissioner of Income Tax, the notice issued is bad in law. Ofcourse Dr. Shivram also submitted that the sanction granted itself indicates non application of mind but he did not wish to elaborate on tha....

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....nd not Principal Commissioner of Income Tax. In the affidavit in reply filed through one Nikhil Bansal affirmed on 4th March 2022, these facts have not been disputed but according to respondents, the approval granted by the Additional Commissioner of Income Tax was a valid approval because the Additional Commissioner of Income Tax was a competent authority. 5 Respondents have relied upon a lett....

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.... of the Principal Commissioner of Income Tax because this letter has been issued on the letterhead of Principal Commissioner of Income Tax. 6 Even for a moment we agree with the view expressed by the Principal Commissioner of Income Tax, still it applies to only cases where the limitation was expiring on 31st March 2020. In the case at hand, the assessment year is 2015-2016 and, therefore, the ....