Facts of the Case

The petitioners challenged reassessment proceedings initiated by the Income Tax Department for Assessment Years 2016-17 and 2017-18. The Assessing Officer issued notices under Section 148A(b) and later passed an order under Section 148A(d) stating that income had escaped assessment. Consequently, reassessment notices under Section 148 were issued against the petitioners.

The petitioners contended that the reassessment proceedings were invalid as the mandatory prior approval of the specified authority under Section 151(ii) of the Income Tax Act was not properly obtained before issuing the notice under Section 148.

 

Issues Involved

  1. Whether reassessment notices issued under Section 148 are valid when prior approval from the specified authority under Section 151(ii) is not properly obtained.
  2. Whether reassessment proceedings initiated pursuant to an order under Section 148A(d) without valid sanction are sustainable in law.

Petitioner’s Arguments

  • must be strictly followed. The petitioners argued that the reassessment proceedings were illegal and without jurisdiction because the statutory requirement of prior approval from the specified authority under Section 151(ii) had not been fulfilled.
  • It was submitted that the sanction must be granted by the competent authority specified under the statute, failing which the notice issued under Section 148 becomes invalid.
  • The petitioners also relied on judicial precedents emphasizing that statutory safeguards in reassessment proceedings

Respondent’s Arguments

  • The Income Tax Department contended that the reassessment notices were issued after obtaining approval from the competent authority.
  • The Revenue argued that the procedural requirements under the Income Tax Act had been substantially complied with and therefore the reassessment proceedings should be allowed to continue. 

Court Findings / Court Order

The Delhi High Court held that the reassessment notices and the orders passed under Section 148A(d) were invalid as the mandatory approval required under Section 151(ii) of the Income Tax Act had not been obtained from the specified authority in accordance with law.

The Court emphasized that obtaining prior approval from the correct authority is a mandatory statutory requirement before issuing a notice under Section 148. In absence of such approval, the reassessment proceedings cannot be sustained.

Accordingly, the impugned notices under Section 148 and the orders under Section 148A(d) were quashed.

 

Important Clarification by the Court

  • Approval from the specified authority under Section 151 is a mandatory condition for issuing reassessment notices.
  • Failure to obtain valid approval renders the entire reassessment proceedings void and unsustainable in law.
  • The Court clarified that the Revenue is at liberty to initiate reassessment proceedings afresh in accordance with law if otherwise permissible.


Link to download the order -  https://delhihighcourt.nic.in/app/showFileJudgment/RAS05012024CW165242022_114311.pdf

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