2018 (9) TMI 476 - SCH - Income Tax

Reopening the assessment u/s 147 - proposal for sanction to issue notice u/s 147 as received by the ACIT and vide Order dated 21.03.2014 the proposal was approved is ante dated - as pointed out that in this letter dated 21.03.2014 it was not possible at all inasmuch as reasons for issue of notice under Section 148 of the Income Tax Act for reopening the assessment are dated 21.03.2014, therefore, it could not have been forwarded to the Additional Commissioner or received in the Office of the Additional Commissioner on 20.03.2014. Held that - Issue notice, returnable in four weeks. There shall be stay of further proceedings, in the meantime.

Summary

The Supreme Court of India in 2018 (9) TMI 476 - SC Order heard arguments regarding a proposal for sanction to issue notice under Section 147 of the Income Tax Act. The petitioner's counsel argued that the approval letter for the proposal was ante-dated, pointing out inconsistencies in the dates mentioned. The Court ordered to issue notice returnable in four weeks and stay further proceedings.