2026 (4) TMI 113

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....venue : Shri Om Prakash, Sr. DR ORDER PER M. BALAGANESH, A. M.: 1. The appeal in ITA No.7248/Del/2025 and CO 51/Del/2025 for AY 2018-19, arises out of the order of the ld National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as 'ld. CIT(A)', in short] dated 22.07.2025 against the order of assessment passed u/s 148A of the Income-tax Act, 1961 (hereinafter referred to as '....

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....ening of assessment for the Assessment Year 2018-19. For this purpose, the Learned AO obtained approval under section 151 of the Act from the Learned PCIT which fact is quite evident from the notice issued under section 148 of the Act dated 7-4-2022. Since the reopening in the instant case has been made beyond 3 years from the end of the relevant assessment year, the specified sanctioning authorit....

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....authority, the entire reassessment proceedings gets vitiated. Reliance in this regard has been rightly placed by the Learned AR before us on the decision of the Hon'ble Jurisdictional Delhi High Court in the case of Kids Dream International Private Limited vs ACIT in W P (C ) 2814/2023 dated 24-2-2025. The relevant operative portion of the said order is reproduced below:- "2. As is eviden....

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....on & Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 ["TOLA"] provisions would have no bearing on the identification of the competent authority under section 151 for according sanction. 5. In view of the aforesaid, and since undisputedly the facts of the present case the sanction was accorded only by the PCIT, the reassessment action would not sustain. 6. Ac....