Kusum Healthcare (P.) Ltd. v. Dy. CIT (2025) 304 Taxman 471 (Delhi)(HC)

S. 151 : Reassessment-Sanction for issue of notice-After expiry of three years-It would be Principal Chief Commissioner who would be liable to be recognized as being competent authority- Sanction accorded by Principal Commissioner for reassessment under section 148A is not valid-Reassessment notice and consequential order was quashed. [S.148, 148A(b), 148A(d), Art. 226]

The assessee challenged the reassessment proceedings on the ground that

since more than three years had elapsed from the end of assessment year 2016-17, only the Principal Chief Commissioner (PCCIT) had the authority to grant approval for reassessment. The sanction was instead granted by the Principal Commissioner of Income Tax (PCIT), making the reassessment action invalid.High Court  allowed the petition and quashed the reasssessmeent notice. (AY. 2016-17)

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