Vishakha Accounting Services Pvt. Ltd. v. ACIT (Bom.)(HC) (UR)

S. 151 : Reassessment-After the expiry of four years-Sanction for issue of notice-Sanction by Additional CIT is not valid-Taxation and other laws (Relaxation of Certain Provisions) Act, 2020-Not applicable-Reassessment notice and order disposing the objection was quashed. [S. 147, 148, 151(1), 151(2), Art. 226]

The reassessment notice dated 31-3-2021 was issued to the petitioner. The petitioner challenged the notice and order disposing the objections on various grounds. One of the ground of   challenge was sanction 151 of the Act  was obtained from Additional Commissioner of Income tax instead of Principal Commissioner of Income-tax. Allowing the petition the Court held that  approval ought to have been given by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner and not by the Additional Commissioner of Income Tax.  Followed  Voltas Ltd. v.  ACIT   2022 SCC Online Bom 741 and J.M. Financial and Investment Consultancy Services Pvt. Ltd. v. ACIT. Accordingly  reassessment notice and order disposing objection was quashed.  (WP No. 1204 of 2022, dt 20-4-22) (AY. 2015-2016)

Vishakha Accounting Services Pvt. Ltd. v. ACIT (Bom.)(HC) (UR)