9911796707
TMI Blog2019 (11) TMI 1107X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 13 February 2019 cannot, therefore, be considered as a final sanction. Whether the sanction granted by the Chief Commissioner of Income Tax would fulfill the requirement of section 151 - whether the sanction granted by the Chief Commissioner of Income Tax would fulfill the requirement of section 151? - HELD THAT:- It is long been settled that when the statute mandates the satisfaction of a particular authority for the exercise of power then it has to be done in that manner only. Adopting this principle, the Division Benches of this Court in the case of Ghanshyam K. Khabrani v. Asst. CIT [ 2012 (3) TMI 266 - BOMBAY HIGH COURT] and CIT v. Aquatic Remedies P.Ltd. [ 2018 (8) TMI 135 - BOMBAY HIGH COURT] have held that sanction for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2015. On 7 April 2016, the Assessing Officer issued notice under section 142(1) of the Income Tax Act, 1961 calling upon the Petitioner to submit certain details regarding share application money received by the Petitioner. The Assessing Officer thereafter passed an assessment order on 1 September 2016 under section 143(3) of the Act accepting the income offered by the Petitioner. 3. The Assessing Officer issued a notice on 26 February 2019 under section 148 of the Act on the ground that he has reason to believe that the income chargeable to tax in respect of share application money for the relevant assessment year has escaped assessment. The Petitioner replied to the said notice stating that the return originally filed by it be tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act has to be given by the Joint Commissioner of Income Tax in case the reassessment is sought to be done before four years. Under section 2(28C) of the Act, a Joint Commissioner also means Additional Commissioner of Income Tax. In the present case, the Assessing Officer submitted a proposal to the Principal Chief Commissioner of Income Tax for reopening the assessment under section 148 on 6 February 2019. A copy of the proposal placed on record shows that it bears Inward Stamp of the Additional Commissioner of Income Tax, Mumbai. The Additional Commissioner of Income Tax endorsed on 13 February 2019 as under: To The Chief Commissioner of Income-tax (OSD)-7, Mumbai. Sir, Sub: Requ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the communication seeks an approval of the Chief Commissioner of Income Tax, Therefore, this opinion was subject to the approval of the Chief Commissioner of Income Tax. The communication dated 13 February 2019 cannot, therefore, be considered as a final sanction. 9. The next question arises is whether the sanction granted by the Chief Commissioner of Income Tax would fulfill the requirement of section 151. It is long been settled that when the statute mandates the satisfaction of a particular authority for the exercise of power then it has to be done in that manner only. Adopting this principle, the Division Benches of this Court in the case of Ghanshyam K. Khabrani v. Asst. CIT (2012) 346 ITR 443 (Bom) and CIT v. Aquatic Remed ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
