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TMI Blog2014 (9) TMI 764X X X X Extracts X X X X X X X X Extracts X X X X ..... he Commissioner or, as the case may be, the Chief Commissioner – thus, the notice for re-assessment is set aside – Decided in favour of assessee. - Writ Tax No. - 498 of 2014 - - - Dated:- 15-9-2014 - Hon'ble Dr. Dhananjaya Yeshwant Chandrachud, CJ And Hon'ble Dilip Gupta,JJ. For the Petitioner : Shubham Agrawal, S. D. Singh For the Respondent : A.S.G.I.,C.S.C.IT ORDER The petitioner has called into question a notice for re-assessment issued for Assessment Year 1998-99 by the Assessing Officer, the second respondent, on 29 March 2005. The petitioner has also called into question an order passed by the Assessing Officer on 10 June 2014 disposing of the objections to re-opening of the assessment. The petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act satisfaction required before issuance of notice for reassessment/assessment of the AO and not of any higher authority whose approval may be required. Such approval is an internal administrative process for better regulation of the Machinery of the tax collection. The manner in which the assessee has set out the objection. This means that an assessee can conceal income give inaccurate particulars but not proceeded against if some approval or time limit is not obtained or has gone by. In any case their objection will be again examined during the assessment proceedings if required by the Hon'ble appellate authority. This objection is accordingly not acceptable. Subsequently, the petitioner filed a supplementary affidavit disclo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssessment under sub-section (3) of section 143 or section 147 has been made for the relevant assessment year, no notice shall be issued under section 148 by an Assessing Officer, who is below the rank of Assistant Commissioner or Deputy Commissioner unless the Joint Joint Commissioner is satisfied on the reasons recorded by such Assessing Officer that it is a fit case for the issue of such notice : Provided that, after the expiry of four years from the end of the relevant assessment year, no such notice shall be issued unless the Chief Commissioner or Commissioner is satisfied, on the reasons recorded by the Assessing Officer aforesaid, that it is a fit case for the issue of such notice. Sub-section (1) of Section 151 provides inter ..... X X X X Extracts X X X X X X X X Extracts X X X X
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