TaxTMI 
TaxTMI 
2025 (3) TMI 993
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....involving proceedings under section 147 r.w.s. 144C(13) of the Income-tax Act, 1961 (hereinafter referred to as 'the Act'). 2. Heard both the parties. Case file perused. 3. It emerges at the outset that the assessee/appellate herein has filed its application dated 3rd March, 2024 seeking to admit its following additional grounds: 1. The Appellant had filed the captioned appeal before this Hon'ble Tribunal on 04.04.2024 challenging the assessment order dated 01.03.2024 passed by the Assessing Officer on various grounds mentioned in the aforesaid Appeal. 2. In addition to the grounds of appeals raised by the Appellant in the captioned appeal, the Appellant craves leave of this Hon'ble Tribunal to raise the foll....
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....e matter. Furthermore, these grounds are raised in view of the leave granted by this Hon'ble Bench vide order dated 24.02.2025. 4. The Appellant submits that this Hon'ble Tribunal has the inherent power to take into consideration an additional ground, particularly if such grounds of appeal pertain to legality of the proceedings, and facts necessary for adjudication are already on record. Accordingly, it is prayed that the aforementioned grounds may be admitted for adjudication. Reliance is placed on the decision of the Hon'ble Supreme Court in the case of National Thermal Power Co. Ltd. versus CIT [(1998) 229 ITR 383 (SC)]. 5. In view of the aforesaid and in the interest of equity and justice, it is respectfull....
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....l refers to the Assessing Officer's section 148 notice dated 30th June, 2021 issued after obtaining the necessary satisfaction of CIT(IT), Delhi-1 (page 68 in the paper-book). He then quotes section 151(ii) of the Act that once the above stated notice has been issued after a period of more than 3 years having elapsed from the end of relevant assessment year; the necessary sanction ought to have been obtained not from the Commissioner but from the "Principal Chief Commissioner or Principal Director................" 6. We notice in this factual backdrop that the instant clinching issue i.e. who has to be the learned "prescribed authority" as to whether it should be the jurisdictional commissioner or Principal Commissioner under section 151....
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....or Principal Director General or Chief Commissioner or Director General 74. The above table indicates that the specified authority is directly co-related to the time when the notice is issued. This plays out as follows under the old regime: (i) If income escaping assessment was less than Rupees one lakh: (a) a reassessment notice could be issued under Section 148 within four years after obtaining the approval of the Joint Commissioner; and (b) no notice could be issued after the expiry of four years; and (ii) If income escaping was more than Rupees one lakh: (a) a reassessment notice could be issued within four years after obtaining the approval of the Joint Commissioner; and (b) after four years but within six ye....
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....ng officer to assume jurisdiction under Section 148 to issue a reassessment notice. Section 151 of the new regime does not prescribe a time limit within which a specified authority has to grant sanction. Rather, it links up the time limits with the jurisdiction of the authority to grant sanction. Section 151(ii) of the new regime prescribes a higher level of authority if more than three years have elapsed from the end of the relevant assessment year. Thus, non-compliance by the assessing officer with the strict time limits prescribed under Section 151 affects their jurisdiction to issue a notice under Section 148. 77. Parliament enacted TOLA to ensure that the interests of the Revenue are not defeated because the assessing officer ....