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TMI Blog2015 (3) TMI 1257X X X X Extracts X X X X X X X X Extracts X X X X ..... this case law pronounced by ITAT Mumbai Bench, the Addl. CIT had placed his signature and had mentioned the word 'approved' before affixing his signature, which in the present case, is missing, therefore, present case is worse than the case decided by ITAT Mumbai Bench, wherein even word 'approved' has not been mentioned. In view of above ground No.1 (e) of appeal filed by assessee is allowed. - I.T.A. No.3148 /Del/2013 - - - Dated:- 18-3-2015 - SHRI G. C. GUPTA, HON'BLE VICE PRESIDENT AND SHRI T.S. KAPOOR, ACCOUNTANT MEMBER Appellant by : Shri Satyajeet Goel CA Respondent by : Shri P. Dam Kanunjha, Sr. DR ORDER PER T.S. KAPOOR, AM: This is an appeal field by assessee against the order of Ld. CIT(A) date ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... milar matter and after relying upon a number of decisions, has arrived that such type of satisfaction u/s 151 is bad in law. For the sake of convenience, we reproduce the findings of the Tribunal as contained in para 10-13 as under: 10. In the present case the letter which is placed on record shows that the Addl. Commissioner has simply sanctioned the proposal for initiating proceedings u/s. 147 in group cases of beneficiaries of Mahasagar Securities P. Ltd. Nowhere the Addl. CIT has recorded his dissatisfaction. The Hon'ble Supreme Court in the case of Chhugamal Rajpal Vs S.P. Chaliha Others 79 ITR 603 observed that the important safeguards provided in Sec. 147 and 151 were lightly treated by the Income-Tax Officer as well as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion151of the Act provides that after the expiry of four years from the end of the relevant assessment year, notice under section 148 shall not be issued unless the Chief Commissioner or the Commissioner, as the case may be, is satisfied, on the reasons recorded by the Assessing Officer concerned, that it is a fit case for the issue of such notice. These are some in-builts safeguards to prevent arbitrary exercise of power by an Assessing Officer to fiddle with the completed assessment . The Hon'ble High Court further observed that what disturbs us more is that even the Additional Commissioner has accorded his approval for action under section 147 mechanically. We feel that if the Additional Commissioner had cared to go through the state ..... X X X X Extracts X X X X X X X X Extracts X X X X
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