TaxTMI 
TaxTMI 
2024 (3) TMI 1125
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....l 2023 issued under Section 148 of the Act on various grounds. 2. One of the grounds raised across the bar is that the sanction for issuance of the order under Section 148A(d) of the Act has been granted without application of mind by all the five officers involved. For ease of reference, the sanction under Section 151 is scanned and reproduced herein: 3. Mr. Mistri states this ground could not have been taken in the Petition because the sanction was made available only with the surrejoinder filed by L. A. Janbandhu, Deputy Commissioner of Income Tax-5(2)(1), Mumbai and affirmed on 5th March 2024. We totally agree with Mr. Mistri's submission that the approval has been applied for and granted mechanically. In column 7-the quantum of i....
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....ect statement made by the PCCIT that the record has been carefully considered before granting of approval. We say this because the record would certainly have contained the notice issued under Section 148A(d) of the Act and the information annexed to that notice states escapement of income in the sum of Rs. 42858,47,29,661/-, whereas the amount mentioned in the order passed under Section 148A(d) of the Act totals to Rs. 12431,99,24,486/-. In the said order, there is not even an explanation as to how the amount has changed or has gone down. In the affidavit in reply, it is stated that in the notice the transaction value was taken gross and subsequently it was seen that there were duplicate entries which were corrected while passing the or....
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.... safeguards provided in Section 147 and 151 were treated lightly by the officers. While recommending and granting approval it was obligatory on the part of the officers to verify whether there was any genuine material to suggest escapement of income. It was obligatory on all the Authorities and PCCIT in particular to consider whether or not power to reopen is being invoked properly. We are of the opinion that if only the Authorities had read the record carefully, they would never have come to the conclusion that this is a fit case for issuance of notice under Section 148 of the Act. They would have either told the AO to correct the figures in Column 7 or would have sent the papers back for reconsideration. These officers have substituted th....
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.... 13. Date of issue of show cause notice to assessee u/s 148A(b) 14. Date by which assessee was required to submit reply to show cause notice u/s 148A(b) or the final extended date DIN: ITBA/AST/S/118/2023-24/1052207527(1) VODAFONE IDEA LIMITED 10Th Floor, Birla Centurion,Century Mills Compound, Pandurang Budhkar Mrg, Worli, Worll Colony S.O,Mumbai, Mumbai/ [email protected] AAACB2100P Company CIRCLE 5(2)(1),MUMBAI/RANGE 5(2), MUMBAI/PCIT, Mumbai-5 2016-17 428584729611 Order u/s 148A(d) required for issuance of notice u/s 148 u/s 149(1)(b) for more than 3 years but not more than 10 years 30/04/2023 Yes No No 30-MAR-23 12-APR-23 15. Whether any reply ....
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....e present company l.e. assessee. The Information suggests that income embedded in the given transactions is more than Rs.50 Lakh has escaped assessment. Therefore, the case of the assessee is a fit case to issue notice u/s.148 of the Income Tax Act. Name: DEVINDER KUMAR GUPTA Designation: PCIT, Mumbai-5 Date: 19/04/2023 Remarks: In this case the Jurisdictional Assessing Officer has concluded that the case is fit for issuance of notice u/s 148 of the Act and the same is duly concurred upon by the Range Head and PCIT. Based on the facts mentioned in the Draft Order u/s 148A(d), I concur with the findings of the Subordinate Authorities that this case is fit for Issuance of notice u/s 148 of th....