On writ, the Court held that non-compliance by the Assessing Officer with provisions contained in section 148A(d) read with section 151(ii) vitiates their jurisdiction to issue a notice under section 148. Accordingly the order under section 148A(d) dated 18-08-2022 and consequential notice under section 148 dated 23-8-2022 were issued after three years from end of Assessment Year 2017-18, however, approval was obtained from Principal Commissioner under section 151(i) and not from specified authority as required under section 151(ii), said order under section 148A(d) and notice under section 148 were quashed. Followed UOI v. Rajeev Bansal (2024) 469 ITR 46 (SC) (AY. 2017-18)
ALAG Property Construction Pvt. Ltd v. Asst. CIT [2025] 179 taxmann.com 578 / (2026) 487 ITR 440 (Bom)(HC)
S. 148A: Reassessment-Conducting inquiry, providing opportunity before issue of notice-Approval of “specified authority-Order passed and notice of reassessment issued after three years from end of the assessment year 2017-18-Authority specified under section 151(ii) required to grant approval, Principal Chief Commissioner-Approval obtained from authority under section 151(i), Principal Commissioner was not proper-Notice and order not sustainable.[S. 148, 148A(b), 148A(d), 151(i), 151(ii), Art. 226]
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