TaxTMI 
TaxTMI 
2025 (7) TMI 2063
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....ounds of appeal: "1. The impugned order is illegal, opposed to the facts, contrary to law, without jurisdiction and against the principles of natural justice and therefore liable to be quashed. 2. The learned CIT (Appeals) erred in not deciding each ground of appeal with reference to the bank account statements available with the assessing officer. 3. The learned CIT (Appeals) ought to have seen that the assessing officer erred in reopening the assessment under section 148 on the basis of order under section 148A(d) dated 06.04.2022 passed with the approval of the PCIT, Madurai whereas the sanction was to be obtained from the PCCIT, as three years had elapsed from the end of the assessment year. 3.1 The l....
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....rn of income, the AO issued a show-cause notice under section 148A(b) of the Act. Subsequently the AO passed an order under section 148A(d) dated 06.04.2022 after taking prior approval of PCIT, Madurai-1 and issued a notice under section 148 on 07.04.2022. The assessee filed return in response to notice under section 148 declaring a total income of Rs. 4,84,500/-. Since the assessee did not file any further response with regard to the deposit and withdrawal of cash, the AO completed the assessment under section 147 r.w.s. 144 of the Act assessing the income at Rs. 1,44,90,260/-. Aggrieved the assessee filed further appeal before the CIT(A). The assessee did not file any response to the notices issued by the CIT(A) and therefore the CIT(A....
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....period, as may be specified in such notice, a return of his income or the income of any other person in respect of which he is assessable under this Act during the previous year corresponding to the relevant assessment year, in the prescribed form and verified in the prescribed manner and setting forth such other particulars as may be prescribed; and the provisions of this Act shall, so far as may be, apply accordingly as if such return were a return required to be furnished under section 139: Provided that no notice under this section shall be issued unless there is information with the Assessing Officer which suggests that the income chargeable to tax has escaped assessment in the case of the assessee for the relevant assessment ....
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....on or after the 1st day of April, 2021, in the case of the assessee; or (ii) a survey is conducted under section 133A, other than under sub section (24) 22[***] of that section, on or after the 1st day of April, 2021, in the case of the assessee; or (iii) the Assessing Officer is satisfied, with the prior approval of the Principal Commissioner or Commissioner, that any money, bullion, jewellery or other valuable article or thing, seized or requisitioned under section 132 or section 132A in case of any other person on or after the 1st day of April, 2021, belongs to 3 Copy the assessee; or (iv) the Assessing Officer is satisfied, with the prior approval of Principal Commissioner or Commissioner, that any books of ac....
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....ner or Director, if three years or less than three years have elapsed from the end of the relevant assessment year; (ii) Principal Chief Commissioner or Principal Director General or Chief Commissioner or Director General, if more than three years have elapsed from the end of the relevant assessment year. 9. A perusal of Section 151(i) would show that, the specified authority for the purpose of issuing notice under Section 148 within a period of three years from the end of the relevant assessment year is, the Principal Commissioner or Principal Director or Commissioner or Director. Further, in terms of provision of Section 149, three year time period is fixed for issuance of 148 notice, in the event of the amount is below ....