9911796707
TMI Blog2016 (6) TMI 836X X X X Extracts X X X X X X X X Extracts X X X X ..... cipal Chief Commissioner’ or ‘Chief Commissioner’ or ‘Principal Commissioner’ or ‘Commissioner’ is satisfied, on the reasons recorded by the Assessing Officer, that it is a fit case for issue of such notice. Ostensibly, in the present case the notice issued u/s 148 of the Act, reveals that the approval has been accorded by the Additional Commissioner of Income-tax, who is not competent authority referred to in the first proviso to Sec. 151(1) of the Act. At the time of hearing, even the records produced by the Department reveal that the ‘Form for recording the reasons for initiating proceeding u/s 148 of the Act’ depicts the satisfaction of the Additional Commissioner of Income-tax and not by any of the authorities specified in the prov ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e learned representative for the assessee pointed out that the aforesaid grounds were inadvertently not raised originally but the same involved a pure point of law and goes to the root of the matter and, therefore, they may be admitted for adjudication as additional Grounds of appeal. The ld. DR appearing for the Revenue has not controverted the factual matrix brought out by the learned representative. 4. Ostensibly, in the present case, the assessment order in dispute has been passed by the Assessing Officer by issuance of notice u/s 147/148 of the Act and the challenge before us, by way of additional Grounds, is to the validity of such initiation of the assessment proceedings. Since the additional Grounds of appeal relate to an issue w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claim of deduction u/s 80IB(10) of the Act. 6. Before us, the assessee-firm had assailed the order of CIT(A) on the merits of the claim as well as on a point of law contending that the proceeding initiated by issuance of notice u/s 148 of the Act was invalid and consequently the impugned assessment is bad in law. Since the latter issue goes to the root of the matter, same is being taken up at the threshold. 7. On this aspect, the case set-up by the assessee is that the notice u/s 148 of the Act dated 17.9.2012 has been issued by the Assessing Officer after obtaining approval of Addl. Commissioner of Income-tax, Range-12(1) whereas the prescribed authority is the Principal Chief Commissioner or Chief Commissioner or Principal Com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s to be issued after the expiry of 4 years from the end of the relevant assessment year, no such notice shall be issued unless the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner is satisfied, on the reasons recorded by the Assessing Officer, that it is a fit case for issue of such notice. Ostensibly, in the present case the notice issued u/s 148 of the Act, a copy of which has been placed at page 25 of the Paper Book, reveals that the approval has been accorded by the Additional Commissioner of Income-tax, who is not competent authority referred to in the first proviso to Sec. 151(1) of the Act. At the time of hearing, even the records produced by the Department reveal that the Form for ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
