Miranda Tools (P) Ltd. v. ITO (2020) 272 Taxman 154 (Bom.)(HC)

S. 151 : Reassessment-Sanction for issue of notice-Sanction granted by Chief Commissioner-Chief Commissioner was not specified officer under section 151(2) to grant such sanction-Notice was quashed. [S. 2(28C), 148, 151(2) Art. 226]

Assessee-company was engaged in manufacture and marketing of fabrics. Assessing Officer issued reassessment notice under section 148 on ground that income chargeable to tax in respect of share application money for relevant year had escaped assessment and passed reassessment order.  One of the ground of challenge was the sanction was given by Chief Commissioner and not joint Commissioner. Allowing the petition the Court held that under section 2(28C) of the Act, a Joint Commissioner also means Additional Commissioner of Income Tax. In the present case, the Assessing Officer submitted a proposal to the Principal Chief Commissioner of Income Tax for reopening the assessment under section 148 on 6 February 2019.   It was found that Chief Commissioner had granted sanction to Assessing Officer to issue said notice. Court held that since Chief Commissioner was not officer specified in section 151, therefore, there was breach of requirement of section 151(2) regarding sanction for issuance of notice under section 148 order of reassessment was quashed.  (AY.  2014-15)