2017 (3) TMI 1860 - AT - Income Tax

Validity of reopening of assessment u/s 147 - assumption of jurisdiction by the AO for reassessment - Validity of approval/sanction of the Addl. DIT - HELD THAT - As rightly contended, in United Electrical 2002 (10) TMI 86 - DELHI HIGH COURT it has been held that the Commissioner (herein Addl. DIT) is required to apply his mind to the proposal put to him for approval in the light of the material relied on by the AO; that the said power cannot be exercised casually and in a routine manner. In that case, as in the present one, the Addl. Commissioner had stated Yes it is a fit case for issue of notice u/s 148 . The reassessment proceedings were held to be invalid. Thus the assumption of jurisdiction for reassessment is bad in law - Decided in favour of assessee.

Summary

Issues:
1. Validity of assumption of jurisdiction by the AO for reassessment.

Analysis:
The judgment pertains to an appeal by the assessee against the order of the ld. CIT(A) for Assessment Year 2007-08. The primary issue raised was regarding the validity of the assumption of jurisdiction by the AO for reassessment. The assessee contended that the sanction for reassessment was obtained without proper application of mind by the Addl. DIT. It was argued that the Addl. DIT's approval was granted on the same day the sanction was applied for, indicating a lack of detailed consideration. Reference was made to the case law "United Electrical Company Pvt. Ltd. vs. CIT" to emphasize that the power to grant sanction cannot be exercised casually. The assessee argued that the ld. CIT(A) failed to appreciate this crucial submission.

The AO sought approval from the Addl. DIT for initiating proceedings under sections 147/148 of the IT Act against the assessee. The Addl. DIT granted the sanction, stating it was a fit case for action under the said sections. However, the approval and the notice under section 148 were all processed on the same day, raising concerns about the depth of consideration. The ld. CIT(A) noted that the Range Head had applied his mind while giving approval, based on the facts presented by the AO. The judgment referenced the "United Electrical" case to highlight the requirement for the Addl. DIT to carefully consider the proposal for approval in light of the material relied upon by the AO. Drawing parallels with the cited case, where reassessment proceedings were deemed invalid due to casual approval, the assumption of jurisdiction for reassessment in the present case was deemed legally flawed and subsequently quashed. Consequently, the appeal was allowed, and the order was pronounced on a specified date.