2026 (8) TMI 1552

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....herein ld CIT(A) has dismissed assessee's appeal. 2. The brief facts of the case are that assessee filed his return of income for A.Y. 2019-20 on 06.07.2019, declaring total income of Rs. 10,39,650/-. The case was reopened by issuance of notice u/s 148 of the Act dated 12.04.2023 for examining assessee's claim of deduction and exemption. Assessee filed return on 08.05.2023 in compliance of notice u/s 148 of the Act, declaring same income as declared in the original return. Statutory notices u/s 143(2) and 142(1) of the Act were issued and served upon the assessee. After examination of assessee's return, it was noticed by the assessing officer that the assessee claimed deduction amounting to Rs. 8,00,000/- u/s 80GGC of the Act. Assessee a....

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....r banking channel (RTGS); b) The political party was duly registered under Section 29A of the Representation of the People Act, 1951 (Registration No. 56/100/2008/JS-III/PPS-I valid on the date of donation); c) A valid official receipt was obtained in the prescribed format; d) All statutory conditions prescribed under Section 80GGC were fully satisfied. 3) The Ld. CIT(A) grossly erred in sustaining the addition of Rs.40,000/- u/s 69C (alleged commission) which is purely presumptive, without any incriminating material, bank trail, cash withdrawal evidence, statement implicating the appellant, or nexus with the assessee. 4) The additions have been made purely on presumption, suspicion and conjectur....

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.... law and deserves to be cancelled as the Approval taken u/s 151 of the I. T Act, 1961 is u/s 149 (1)(b) according to which notice u/s 148 can be issued only where income said to have escaped assessment is Rs 50 Lac or more. 2. That the Approval given u/s 151 beyond 3 years by Ld. PCIT -1, Agra is also legally without Jurisdiction as the same should have been given by Ld. PCCIT. 3. That considering the legal position, as mentioned above, the Approval obtained u/s 151 is invalid and beyond the scope of the provisions of section 149 (1)(b) of the I. T. Act, 1961. 4. That alternatively, the notice dated 12.04.2023 issued u/s 148 is barred by limitation and hence the consequent assessment passed u/s 147 is without Juri....

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....is needed for issuance of order u/s 148A(d) required for the issuance of notices u/s 148. The income escaped is mentioned at Rs. 49,50,259/-. Time limit u/s 149(1)(b) relates to the escaped income amounting to Rs. 50,00,000/- or more and the sanctioning authority u/s 151(ii) was Pr. Chief Commissioner or Pr. Director General or Chief Commissioner or Director General, if more than 3 years have elapsed from the end of the relevant assessment year. It is, therefore, a case of non application of mind and the sanction granted u/s 151 is invalid sanction. Assessee has also referred order dated 01.08.2023 passed by Hon'ble Bombay High Court in W.P. No. 1812 of 2023, Kartik Sureshchandra Gandhi v. ACIT + 2 Ors., relevant para no. 14 of the order is....