2025 (12) TMI 57

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....nd in law. Ld. CIT(A) is correct in ignoring the Circular of the Government of India passed in pursuance of the provision of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 for relaxation of certain provisions of specified Act from 31.03.2020 to 31.03.2021? 2. Whether on the- facts and circumstances of the case and in law, Ld. CIT(A) is correct in quashing the assessment order by accepting the assessee's grounds that since the approval for initiating re-assessment proceeding has not been taken from the competent authority as required under section 151 of the Income Tax Act, 1961 the proceeding initiate u/s 147 of the Act is not valid in the eyes of the law, despite the fact that AO has rightly....

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....AO is not legally tenable and is void ab- initio, since the AO has issued notice u/s 148 without obtaining valid approval of the competent authority. It has been observed from the facts of the case and the assessment record that the AO has recorded the reason to believe on 19/03/2020 to initiate the reassessment proceeding u/s 147 of the income tax Act, 1961 and the Joint Commissioner of Income Tax, Central Range-A, Delhi has given the approval on 19.10.2070 for initiation of reassessment proceeding. Thereafter, the AO initialed the reassessment proceeding vide notice u/s 148 of the IT Act, 1961 dated 04.01.2021 after taking approval from the Joint Commissioner of Income Tax, Central Range-4. On perusal of the assessment record, it has been....

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....ffidavit of one Mr. Pradeep Sharma, Deputy Commissioner of Income Tax, Circle 3(3)(1), Mumbai affirmed on 26th April, 2022 in which it is admitted that the sanction has been given by Additional Commissioner of Income Tax (ACIT), Joint Commissioner of Income Tax and not Principal Commissioner. Since the re-opening has been proposed more than four years after the end of the expiry of relevant assessment year as held by us in J M Financial and Investment Consultancy Services Private Limited vs. Assistant Commissioner of Income Tax, Circle 3(2)(1) and Ors. the Taxation and Other Laws (Relaxation of Certain Provisions) Act, 2020 (Relaxation Act) will not apply. Therefore, since four years had expired from the end of the relevant assessment year ....