On writ against issue of notice under section 148 the Court held that mere repeating of the words of the statute, mere rubber stamping of the letter seeking sanction or using similar words like ‘Yes, I am satisfied’ will not satisfy the requirement of law. Principal Commissioner has failed to satisfactorily record his concurrence. The mere use of expression ‘Yes, I am satisfied’ cannot be considered to be a valid approval as the same does not reflect an independent application of mind. The grant of approval in such manner is thus flawed in law. Accordingly the approval granted by the Principal Commissioner for issuance of notice under section 148 is not valid Accordingly the notice under section 148 is quashed and set aside.(AY. 2010-11)
Capital Broadways (P.) Ltd. v. ITO (2024) 301 Taxman 506 (Delhi)(HC)
S. 151 : Reassessment-Sanction for issue of notice-Mere use of expression Yes I am satisfied could not be considered to be a valid approval-Non application of mind-Reassessment notice is quashed. [S.143(1), 147, 148, Art. 226]