Twylight Infrastructure Pvt. Ltd. v. ITO (2024)463 ITR 702/336 CTR 800 (Delhi)(HC)

S. 151 : Reassessment-Sanction for issue of notice-Sanction of specified authority mandatory-Three years from the relevant assessment years-No approval of specified a[S. 147, 148, Art. 226]

Allowing the petition the Court held that there was no dispute although three years had elapsed from the end of the relevant assessment year, the approval was sought from authorities specified in clause (i), as against clause (ii) of section 151. Hence the notices and orders in the writ petitions were liable to be quashed on the ground that there was no approval of the specified authority, as indicated in section 151(ii) of the Act. Court also held that the section 151 of the Income-tax Act, 1961 was amended by the Finance Act, 2021. After amendment, section 151 has been split and the part which enjoins that the approval of the specified authority is mandatory stands embedded in the first proviso to section 148. The concerned specified authorities, depending on the applicable time frame, are adverted to in section 151 of the Act. Clauses (i) and (ii) of the amended section 151 clearly specify the authority whose approval can trigger the reassessment proceedings. Thus, if three years or less have elapsed from the end of the relevant assessment year, the specified authority who would grant approval for initiation of reassessment proceedings will be the Principal Commissioner or Principal Director or Commissioner or Director. However, if more than three years from the end of the relevant assessment year have elapsed, the specified authority for according approval for reassessment shall be the Principal Chief Commissioner or Principal Director General or, where there is no Principal Chief Commissioner or Principal Director General, Chief Commissioner or Director General. That the approval is mandatory is plainly evident on perusal of the first proviso appended to section 148 of the Act. (AY. 2016-17, 2017-18)