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TMI Blog2012 (11) TMI 506X X X X Extracts X X X X X X X X Extracts X X X X ..... logies Pvt. Ltd." and not in the name of assessee's name which is M/s Sunint Investments & Technologies Pvt. Ltd. The Assessing Officer pointed out that this technical objection was not raised earlier when the hearing took place on 05.08.2008, 18.08.2008 and 12.08.2008. He further pointed out that the details of the case re-opened pertained to assessee and hence on mere typographical error, the assessee cannot take objection. He also referred section 292B and pointed out that no notice can be invalid merely by reason of any mistake, defect or omissions. On merits, the Assessing Officer observed that Sh. Mukesh Gupta, the main person and authorized signatory of M/s Rajkar Electricals & Electronics Pvt. Ltd. in whose account No. CA51276 maintained with Corporation Bank, Paschim Vihar, New Delhi-110063, the money was deposited in two amounts of Rs. 5,00,000/- each on 01.03.2008 and on the same date a demand draft of Rs. 10,00,000/- was purchased and given to the assessee company. He, therefore, made an addition of Rs. 10,00,000/- to the assessee's income. 3. Before Ld. CIT(A), the assessee assailed the initiation of proceedings u/s 148, inter alia, on the ground that assessment was i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it is presumed for the safer side that the assessment were completed in these cases u/s 143(3) for the A.Y 2001-02, hence your kind approval for issue of notice u/s 148 is solicited u/s 151(1) of the I.T. Act. Submitted for your kind approval. Yours faithfully Encls.: Proposal in one cases in triplicate. (A.N. Verma) Income Tax Officer Ward 9(3), New Delhi. Form for recording the reasons for initiating proceedings u/s 148 and for obtaining the approval of the Commissioner of Income Tax, Delhi-III, Delhi 1. Name and address of the Assessee Sun Ind Investments and Technologies Pvt. Ltd A-1/B, DDA Flat, Munirika, New Delhi. 2. PAN ------------ 3. Status Company 4. Circle/Ward Ward 9(3) 5. Assessment Year in respect of which it is proposed to Issue notice u/s 148 2001-02 6. The Quantum of income Which has escaped assessment Rs. 10,00,000/- 7. Whether the assessment is proposed to be made for the first time, if the reply is in the affirmative, please state No. (a) whether any voluntary return had already been filed. (b) If so, date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bank from which entry given Branch of entry giving bank A/CIT(A) No. Entry giving A/c 1/3/2001 Rajkar Electricals & Electronics Pvt. Ltd. Corpn. Bank Paschim Vihar 51276 Quantum of amount of such entries received by the assessee company M/s Sun Ind Investments & Technologies Pvt. Ltd. from M/s Rajkar Electricals & Electronics Pvt. Ltd. as per details mentioned above received from the Directorate of Investigation, New Delhi is Rs.10,00,000/-. This accommodation entry taken by M/s Sun Ind Investments & Technologies Pvt. Ltd. is also confirmed on the basis of the statement of Shri Rajan Jassal, S/o Shri Surinder Kumar Jassal, R/o-WZ-134, Plot No-170, Vishnu Garden, New Delhi recorded on 4/2/2004, statement of Shri Surinder Pal Singh, S/o-Late Shri Malik Singh, R/o-A-4/181, Sector-17, Rohini, New Delhi-85, recorded on 24/12/2003, 30/12/2003 & 5/1/2005 and statement of Shri Mukesh Gupta, S/o-Shri R.D. Gupta, R/o-WZ-414, Naraina Village, New Delhi recorded on 16/1/2004, revealed that these persons after receiving cash from clients and deposited in various companies bank account's and cheques are issued to the assessee company who gave the cash. In view of facts stated h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not obtained, the Assessing Officer lacked the jurisdiction to complete the reassessment proceedings. When the legislature has specifically assigned jurisdiction to a particular authority under the Act to grant sanction then, if all other conditions are fulfilled, the sanction has to be granted by that very authority. This function cannot be delegated to any other authority. It is the legal duty cost upon that authority to perform the said function. If that authority fails in performing his legal functions and the same is performed by the other authority then it goes to the very root of proper assumption of jurisdiction by the authority which was required to take that sanction. This is purely legal issue and can be raised at any stage of proceeding. 9. Hon'ble Delhi High Court in the case of SPL'S Siddhartha Ltd. (supra) has quashed the reassessment proceedings for want of sanction of Joint Commissioner of Income tax when it was so required as per section 151(2), observing as under :- "As per the aforesaid provision, it is only the Joint Commissioner or the Additional Commissioner, which can grant the approval. The argument of the assessee before the Tribunal was that the approva ..... X X X X Extracts X X X X X X X X Extracts X X X X
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