TaxTMI 
TaxTMI 
2024 (11) TMI 82
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....nt Year 2009-10). 2. The appeal is barred by limitation for 1865 days. In fact the order passed by the First Appellate Authority was on dated 29.12.2017 and the DIN was generated on 13.03.2018. The assessee received the order on 01.03.2019. The assessee's husband namely Shri Prakash Keshav Shukla who was looking after the financial affairs of the company suffered serious heart ailment in 2019 and ultimately expired on 23.04.2023 at the age of 52 years. Relevant to mention that a major portion of this particular period of delay was affected by COVID pandemic. Thus, the assessee could only file the appeal on 26.06.2024. In support of such facts the assessee before us also filed an application seeking Condonation of delay along with an affi....
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.... approval by the competent authority under Section 151(1) of the Act which goes to the root of the matter, this ground is taken for adjudication at the very threshold. 5. The assessee was served with the notice under Section 148 of the Act dated 04.03.2016 after recording reasons by the Learned A.O.. Notice under Section 142(1) of the Act, was thereafter, issued on 29.04.2016 and again on 20.09.2016 along with questionnaire for necessary compliances. 6. The subject in dispute is the cash deposit made by the assessee amounting to Rs. 3095000/- in the saving bank account lying with Mahamedha Urban Co-operative Bank during the year under consideration. The assessee was directed to furnish the reply in regard to source of such cash deposi....
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....s further drawn our attention to Column- 11 of the said form which is kept for recording satisfaction of the Additional/Joint Commissioner of Income Tax on the reasons recorded by the Assessing Officer that it is a fit case for issuance of the notice under Section 148 of the Act. In the right hand side of the said column it has been noted by the Additional Commissioner of Income Tax Range-I, NOIDA , "Yes I am satisfied on the reasons recorded by the AO that it is a fit case for the issuance of a notice under Section 148." Such noting was done on 17.02.2016. Column-12 of the said form appearing at page 5 of the Paper Book is kept for recording satisfaction of the Principal Commissioner of Income Tax on the reasons recorded by the AO that it ....
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....es that no notice under Section 148 of the Act beyond the period of 4 years from the end of the relevant Assessment Year can be issued unless the PCIT/CCIT is satisfied on the reasons recorded by the Assessing Officer that it is a fit case for the issue of such notice. In the case in hand, it is an admitted fact that such approval has been granted by the Additional CIT on 17.02.2016 as appeared from the form containing the approval annexed at Page.5 of the Paper Book filed by the assessee before us and not by the PCIT which ought to have been given approval as the reopening has been done beyond the period of 4 years for the end of the relevant Assessment Year by issuing notice under Section 148 of the Act dated 04.03.2016. Thus the same is ....