| COURT: | ITAT Jaipur |
| CORAM: | Vijay Pal Rao (JM), Vikram Singh Yadav (AM) |
| SECTION(S): | 147, 148, 150, 151 |
| GENRE: | Domestic Tax |
| CATCH WORDS: | Reopening of assessment, sanction |
| COUNSEL: | Rajiv Sogani |
| DATE: | August 21, 2018 (Date of pronouncement) |
| DATE: | September 1, 2018 (Date of publication) |
| AY: | 2006-07, 2009-10 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 147/ 151: S. 150(1) overrides s. 149 but not s. 151. Accordingly, even if the assessment is reopened to make reassessment in consequence of or to give effect to any finding or direction of the appellate authority, the requirement of sanction u/s 151 is mandatory for issuing notice u/s 147. The failure to obtain sanction renders the reopening invalid | |
even if the assessment is reopened to make reassessment in consequence of or to give effect to any finding or direction of the appellate authority the requirement of sanction U/s 151 is mandatory for issuing notice U/s 147 of the Act. Even otherwise from the plain reading of Section 150(1) of the Act, it is clear that it begins with non-obstante clause as far as the limitation provided U/s 149 of the Act and therefore, Section 150(1) has an overriding effect on Section 149 and not over Section 151 of the Act. The requirement of sanction U/s 151 of the Act is in the nature of check and balance and it is a measure against the misuse of power by the assessing authority for assessment or reassessment based the reasons not found satisfactory by the authorities provided U/s 151 of the Act
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