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TMI Blog2013 (7) TMI 58X X X X Extracts X X X X X X X X Extracts X X X X ..... Appeals)-XXXI, New Delhi has grossly erred both in law and on facts in upholding the initiation of proceedings under section 147 of the Act and framing of assessment under section 147/143(3) of the Act which were without jurisdiction and therefore deserves to be quashed as such. 1.1 That the learned Commissioner of Income Tax (Appeals) has failed to appreciate that there was no material much less valid material to have reason to believe that income of the appellant has escaped assessment and as such, proceedings initiated mechanically and without independent application of mind for the purpose of investigation were not in accordance with law and thus unsustainable." 3. At the time of hearing before us, it is stated by the learned counsel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... th. He stated that from the reasons recorded, it is evident that first the Assessing Officer i.e., the ACIT, Central Circle-5, New Delhi recorded the reasons for reopening of assessment. Then, the same was forwarded to the Additional CIT, who, being satisfied with the reasons recorded by the Assessing Officer, put his signatures and date and then forwarded further to the CIT, Central-1, New Delhi who finally permitted the reopening of assessment. He, therefore, submitted that in this case, the reopening of assessment is approved both by the Additional CIT as well as by CIT. Merely because in addition to the Additional CIT the matter is approved by the CIT also, would not make such reopening to be invalid. He further submitted that in this c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l be issued under section 148 by an Assessing Officer, who is below the rank of Joint Commissioner, after the expiry of four years from the end of the relevant assessment year, unless the Joint Commissioner is satisfied, on the reasons recorded by such Assessing Officer, that it is a fit case for the issue of such notice. [Explanation. - For the removal of doubts, it is hereby declared that the Joint Commissioner, the Commissioner or the Chief Commissioner, as the case may be, being satisfied on the reasons recorded by the Assessing Officer about fitness of a case for the issue of notice under section 148, need not issue such notice himself.]." 7. Thus, as per proviso to Section 151(2), approval of Joint Commissioner is required. We find ..... X X X X Extracts X X X X X X X X Extracts X X X X
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