Killa Financial Services Pvt. Ltd.(2025) 480 ITR 242 / 180 taxmann.com 527 (SC) Editorial : Killa Financial Services Pvt. Ltd. v. Dy. CIT, (2025) 480 ITR 240 /180 taxmmann.com 99 (Delhi)(HC)

S. 148A : Reassessment-Conducting inquiry and providing opportunity before issue of notice-Information received under risk management strategy framed by CBDT-Approval of Principal Commissioner obtained-AO cannot be compelled to obtain two identical approvals under sections 148A and 151. SLP dismissed. [S. 148, 151, Art. 136]

The Delhi High Court upheld the notice issued under section 148 for A.Y. 2021-22. It held that merely because information relating to the assessee surfaced during a search on another group, it did not rule out the Assessing Officer having also received information in accordance with the risk management strategy formulated by the CBDT for purposes of section 148A. The Court further held that where the Assessing Officer had already obtained approval of the Principal Commissioner for issuance of notice under section 148, the assessee could not insist on a second, identical approval under clause (c) of the proviso to section 148A read with section 151, as the requirement was substantially the same. Accordingly, the challenge to the reassessment notice failed. The Supreme Court dismissed the SLP filed against the High Court judgment. (AY. 2021-22)

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