2025 (6) TMI 1556

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.... the petitioner, and Ms. Bokaro Sapna Reddy, learned Senior Standing Counsel for Income Tax Department for respondent Nos. 2 to 4. 2. The instant writ petition has been filed aggrieved by the initiation of the assessment proceedings by respondent No.4 under Section 147 and 148 of the Income Tax Act, 1961 (for short, 'the Act') through the order dated 19.03.2024, and the consequential assessment order dated 12.03.2025 passed by respondent No. 3 pertaining to assessment year 2017-18. 3. Learned Senior Counsel for the petitioner has been primarily assailing the initiation of proceedings and the consequential order on the ground that the assessment order has been passed taking into consideration the materials beyond the show-cause notices....

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.... Senior Counsel for the petitioner that even otherwise the Income Tax Department has not taken proper prior approval from the specified authority as is required under Section 151 of the Act. According to the learned Senior Counsel it is only the Principal Chief Commissioner or the Principal Director General, or when there is no Principal Chief Commissioner or the Principal Director General, the Chief Commissioner or the Director General shall be the specified authority in the event if the proceedings have been initiated beyond a period of three (03) years from the end of the relevant assessment year. 7. In view of the aforesaid lacunas, learned Senior Counsel for the petitioner insisted for the writ petition to be entertained even though....

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.... remedy of appeal. According to the learned Senior Standing Counsel for Income Tax Department, the petitioner can raise all these grounds which he has raised in this writ petition itself before the Appellate Authority and, which if raised, shall be duly considered by the Appellate Authority in accordance with law. Therefore, the writ petition deserves to be dismissed. 10. Having heard the contentions put forth on either side and on perusal of records, and if we peruse the series of notices which were issued, it would reveal that in one or the other notice the Department did refer to the details of certain transactions showing the income which the assessee had escaped assessment. Further, perusal of the pleadings and the averments made wo....