2025 (7) TMI 810

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....pening of the assessment claiming that the notice issued u/s 148 of the Act is bad in law and subsequently on merits of the case, the assessee has challenged the addition of Rs. 3,77,29,617/- made u/s 68 of the Act. 3. Before us, the ld. Counsel for the assessee took a new plea that the notice issued u/s 148 of the Act is not approved by appropriate authority as provided in provisions of Section 151 of the Act. 4. Briefly stated, the facts of the case are that the assessee is an individual assessee who filed his return of income on 07/11/2017 declaring total income of Rs. 14,97,250/-. 5. On the basis of information received from ACIT Central Circle - 2(1), Mumbai, the case of the assessee was reopened and accordingly notice u/s 148....

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....oner or Principal Director General, Chief Commissioner or Director General, if more than three years have elapsed from the end of the relevant assessment year. 8. As mentioned elsewhere, in the case of the assessee, the impugned notice is issued with the prior approval of the Pr. CIT-20, Mumbai accorded on 24/07/2022 and this fact has not been controverted by the ld. D/R. The period of three years has elapsed on 31/03/2021. Thus, the notice is issued beyond three years, therefore, as per the decision of the Hon'ble Supreme Court (supra), the approval should have been obtained under the mandated provisions of Section 151(ii) of the Act i.e., the approval should have been obtained from the Principal Chief Commissioner whereas, the approval....

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....e Court in the case Union of India Vs. Ashish Agarwal, Civil Appeal 3005/2022, dated 4th May, 2022 suggesting that income chargeable to tax has escaped assessment with in the meaning of section 147 of the Act. Order under sub-section(d) of section 148A of the Act has been passed in such case vide DIN ITBA/COMF/17/2022-23/1044153581(1) dated 27/07/2022 and annexed herewith for reference, 800-24 (2) (1) e Tax Office she Ê» Document 2 I have information that a search was initiated under section 132 of the Act in your case or in the case of the person in respect of which you are assessable under the Acton the date B. I have information that books of accounts, other documents or any assets have been requisitioned under se....