2024 (10) TMI 1274 - AT - Income Tax

Validity of reopening assessment - invalid sanction obtained u/s 151 (ii) and not u/s 151(i) - HELD THAT - We have perused the copy of the order of the Hon ble jurisdictional High Court of Bombay in the case of the assessee 2024 (5) TMI 1479 - BOMBAY HIGH COURT wherein the assessment has been quashed because of invalid sanction obtained u/s 151 (ii) and not u/s 151(i). Therefore, no reason to interfere in the decision of the ld.CIT(A). Accordingly, all the grounds of the Revenue are dismissed.

Summary

Issues:
Validity of reopening assessment based on difference in property value for taxation under section 56(2)(vii)(b) of the Income-tax Act, 1961. Jurisdictional validity of sanction obtained under section 151(i) or 151(ii) for reopening assessment beyond 3 years. Applicability of High Court decision quashing assessment based on invalid sanction.

Analysis:
The appeal pertains to the assessment year 2017-18, where the assessee's property purchase led to a taxable difference under section 56(2)(vii)(b) of the Income-tax Act, 1961. The case was reopened under section 148 with the approval of Pr. CIT-17, Mumbai. The ld.CIT(A) allowed the appeal based on a High Court decision in a related case, highlighting the importance of obtaining the correct sanction under section 151 of the Act for reopening assessments beyond 3 years. The High Court's ruling emphasized the necessity of obtaining sanction under section 151(ii) instead of section 151(i) for assessments beyond the 3-year period.

The ld.CIT(A) relied on the High Court judgment quashing the assessment due to an invalid sanction obtained under section 151, leading to the direction to delete the additional income added to the assessee's total income. The Tribunal, after reviewing the High Court's decision and the ld.CIT(A)'s findings, upheld the decision to dismiss the Revenue's appeal. The Tribunal concurred with the High Court's ruling regarding the jurisdictional validity of the sanction under section 151, thereby refusing to interfere with the ld.CIT(A)'s decision.

In conclusion, the Tribunal dismissed the Revenue's appeal based on the High Court's decision regarding the invalid sanction under section 151, emphasizing the importance of obtaining the correct sanction for reopening assessments beyond the stipulated time frame. The Tribunal's decision aligned with the High Court's ruling, highlighting the binding nature of decisions from the jurisdictional High Court on lower authorities. The appeal outcome was in favor of the assessee, emphasizing the significance of procedural compliance in assessment proceedings under the Income-tax Act, 1961.