Bhagwan Sahai Sharma v. Dy. CIT (2025) 305 Taxman 387 (Delhi)(HC)

S. 151 : Reassessment-Sanction for issue of notice-Beyond three years-Notice was not issued with prior approval of Principal Chief Commissioner or any other authority specified under section 151(ii) which was a mandatory requirement-Notice was quashed and set aside. [S. 148, 148A(b) 148A(d), 151(1), 151(ii), Art. 226]

Assessee-company filed its return of income which was accepted.  Assessing Officer issued a reopening notice upon assessee alleging that assessee had taken accommodation entry of fictitious purchases of shares from a company.  On writ  the court held that the notice  was not issued with prior approval of Principal Chief Commissioner or any other authority specified under section 151(ii) which was a mandatory requirement for issuance of notice under section 148 beyond period of three years from end of relevant assessment year.  Notice was quashed and  set aside. (AY. 2016-17)

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