2022 (3) TMI 1592 - HC - Income Tax

Reopening of assessment u/s 147 - reopening beyond period of 4 years - mandation to get prior approval of the Commissioner of Income Tax - challenge is to a notice u/s 148 which has been issued after approval by the JCIT and not the CIT - HELD THAT - As following the order of this Court in M/S. AMBIKA IRON AND STEEL PVT. LTD., SUNITA DALMIA, NIRU AGARWAL, BIDESH BARAN ROY and others 2022 (1) TMI 1291 - ORISSA HIGH COURT wherein held Officer authorized to record the necessary satisfaction had to be the Chief Commissioner of Income Tax / Commissioner of Income Tax. The impugned notice and all consequential proceedings are hereby quashed. The writ petition is disposed of.

Summary

The High Court of Orissa quashed a notice under Section 148 of the Income Tax Act, 1961 as it was issued after approval by the JCIT and not the CIT. The decision was based on a previous court order.