Allowing the petition, the Court held that the Assessing Officer issued notice under section 148 beyond period of four years from end of assessment year and satisfaction under section 151 had been issued by Joint Commissioner, as satisfaction should have been of either Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner in accordance with section 151(1) of the Act. Notice issued under section 148 and order disposing the objection was quashed. Followed J. M. Financial and Investment Consultancy Services (P.) Ltd. v. Asstt. CIT ( 2022) 215 DTR 98/ 327 CTR 458 /( 2023) 451 ITR 205 (Bom)( HC) (AY. 2015-16)
Thirdware Solution Ltd. v. DCIT [2023] 146 taxmann.com 364 (Bom)(HC)/Editorial : Notice is issued in SLP filed by the Revenue, Dy. CIT v. Thirdware Solution Ltd. (2024) 297 Taxman 8 (SC)
S. 151 : Reassessment-Sanction for issue of notice-After the expiry of four years – Satisfaction recorded by Joint Commissioner–Notice and order disposing the objection was quashed. [S. 147, 148, Art. 226]