2026 (5) TMI 99

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.... the Income-tax Act, 1961, (in short 'the Act'). 2. The assessee has raised the ground no, 2 on the approval which is as under: 2.That the order passed u/s. 147 on 13-04-2023 as has ben upheld by Ld. CIT(A) on 28-11-25 become further non-est as also covered by M/s Twilight infrastructure (p) LTD vs. ITO (2024) S.C.C. online Delhi 330 because of granting approval/ section u/s. 151 (1) by the Pr. CIT and not by Pr. CIT as contained u/s. 151(ii) of the Act after 01-04-2021. 3. The brief facts of the case are that the assessee has filed his return of income for A.Y.2017-18 on 05-02-2018 declaring total income Rs. 7,02,250/-. The assessee declared income from business amounting to Rs57,690/-, income from house property amounting t....

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....eing aggrieved the order of the Ld. CIT(A) the assessee is in appeal before the Tribunal. 5. Ld. Counsel for the assessee has raised the legal ground no.1&2 and stated that first notice u/s. 148 was issued on 08-06-2021 for the A.Y. 2017-18(paper Book page No.-2) under the old reassessment tax regime, however due to the introduction of new reassessment tax regime from 01-04- 2021 and in the compliance of the Hon'ble Supreme Court Order in the case of Ashish Agarwal [2022] 444 ITR 1 SC, notice dated 04-05-2022 u/s. 148A(b) of the Act was issued on 26-05-2022. The case of the assessee relates to the A.Y. 2017-18 and the first notice u/s. 148 of the Act was issued on 08-06-2021 after obtaining the necessary satisfaction of the RANGE-49 Delh....

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....Director General or, where there is no Principal Chief Commissioner or Principal Director General, Chief Commissioner or Director General. 12.2 That the approval is mandatory is plainly evident on perusal of the first proviso appended to section 148 of the Act, the said proviso at the risk of repetition reads as follows: Provided that no notice under this section shall be issued unless there is information with the Assessing Officer which suggest that the income chargeable to tax has escaped assessment in the case of the assessee for the relevant assessment year and the Assessing Officer has obtained prior approval of the specified authority to issue such notice............." 12.3 In these cases, there is no dispu....

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.... 6026 /Del/2024 dated June 25,2025. In the case of Sampark Management Consultancy LLP v. DCIT, Circle -5(2) (1) Noida We find that section 148 of the Act was substituted by the Finance Act, 2021 wet. 01.04.2021. Notice 14 of the Act as per the old provisions of section 148 of the Act applicable till 31.03.2021 should have been issued only upto 31.03.2021. The issue stands settled by the Hon'ble Supreme Court in Union of India vs Ashish Agarwal, 444 ITR 1 (SC) The assessee company was part of the litigations. The AO has issued notice u/s. 148A(b) on 27.05.2022 and on 28.07.2021 order was passed u/s. 148A(d) and issued notice is 148 of the Act on the same date, i.e, on 28.07.2022 in AY 2016-17 and while in AY 2017-18 on 27.07.202....