Facts of the Case

The petitions before the Delhi High Court involved multiple assessees challenging reassessment proceedings initiated by the Income Tax Department for Assessment Years 2016-17 and 2017-18.

The petitioners had originally filed their returns of income, which were processed by the department. Subsequently, the Income Tax Department issued notices under Section 148A(b) of the Income Tax Act, 1961 alleging that certain income had escaped assessment.

After receiving replies from the petitioners, the Assessing Officers passed orders under Section 148A(d) and issued notices under Section 148 for reopening the assessments. The reassessment proceedings were initiated after more than three years from the end of the relevant assessment years.

The petitioners approached the High Court challenging the validity of the reassessment notices and orders on the ground that the mandatory approval of the “specified authority” under Section 151 of the Income Tax Act was not obtained before issuing the notices.

 

Issues Involved

  1. Whether reassessment notices issued under Section 148 of the Income Tax Act are valid when prior approval of the “specified authority” under Section 151 is not obtained.
  2. Whether approval granted by an authority not prescribed under Section 151(ii) of the Income Tax Act is legally valid.
  3. Whether reassessment proceedings initiated without complying with statutory requirements can be sustained in law.

 

Petitioner’s Arguments

The petitioners contended that the reassessment notices and orders were illegal and void because the mandatory approval required under Section 151(ii) of the Income Tax Act had not been obtained.

They argued that under the amended provisions introduced by the Finance Act, 2021, if more than three years have elapsed from the end of the relevant assessment year, the approval must be obtained from the Principal Chief Commissioner, Principal Director General, Chief Commissioner, or Director General.

However, in the present cases, the approval was taken from authorities mentioned under Section 151(i), such as the Principal Commissioner or Commissioner, which are competent only where three years or less have elapsed.

The petitioners further submitted that since the statutory requirement of approval from the proper authority was not fulfilled, the reassessment notices issued under Sections 148A(d) and 148 were liable to be quashed.

 

Respondent’s Arguments

The Revenue argued that the reassessment proceedings were validly initiated and relied on the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (TOLA) and CBDT Instruction No. 1/2022 dated 11.05.2022.

It was contended that the approval obtained from the Principal Commissioner of Income Tax should be treated as sufficient compliance with the statutory requirement.

The Revenue also argued that the requirement of approval from a particular authority should not invalidate the reassessment proceedings and requested that if the proceedings were set aside, liberty should be granted to initiate fresh reassessment proceedings in accordance with law.

 

Court Findings

The Court observed that the amended provisions of Sections 148, 149 and 151 of the Income Tax Act clearly mandate prior approval from the “specified authority” before issuing a notice under Section 148.

The Court held that where more than three years have elapsed from the end of the relevant assessment year, approval must be obtained from the authorities specified in Section 151(ii), namely:

  • Principal Chief Commissioner
  • Principal Director General
  • Chief Commissioner
  • Director General

The Court noted that in the present cases, although more than three years had elapsed, approval was obtained from authorities falling under Section 151(i), which are competent only for cases within three years.

Thus, the statutory requirement of approval from the correct specified authority had not been complied with. The Court emphasized that the first proviso to Section 148 clearly makes prior approval mandatory before issuing reassessment notices.

 

Court Order

The High Court held that the reassessment notices and orders issued in the present batch of writ petitions were unsustainable in law.

  • The impugned notices issued under Section 148
  • The orders passed under Section 148A(d)

were quashed on the ground that the approval of the specified authority under Section 151(ii) was not obtained.

However, the Court granted liberty to the Revenue to initiate fresh reassessment proceedings in accordance with law, if permissible.

 

Important Clarification by the Court

The Court clarified that the requirement of approval from the correct specified authority is a mandatory statutory condition.

Where the reassessment proceedings are initiated beyond three years from the end of the relevant assessment year, approval must be obtained from the authority specified under Section 151(ii). Approval from a lower or different authority cannot cure the defect.

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

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