Dismissing the appeal of the revenue , the Court held that , where the Act provides for sanction by the joint Commissioner of Income tax in terms of S.151 , then the sanction by the Commissioner of Income tax would not meet the requirement of the Act and reopening notice would be without jurisdiction . Followed Ghanshyam K. Khabarani v . ACIT ( 2012) 346 ITR 443 ( Bom) (HC) .( ITA No. 371 /Lkw/2016 dt 19-10-2016 ) (AY. 2008-09) (ITA No 1035 of 2017 dt 11-11-2019)
PCIT v . Khushbu Industries ( 2019) BCAJ- January -P. 47 (Bom) (HC)
S. 151 : Reassessment – Sanction for issue of notice –Joint Commissioner of Income tax -Reopening of assessment with the approval of Commissioner is held to be not valid [ S.147, 148 , 151(2) ]