9911796707
TMI Blog2023 (6) TMI 1221X X X X Extracts X X X X X X X X Extracts X X X X ..... decided in J M Financial and Investment Consultancy Services Private Limited [ 2022 (4) TMI 1446 - BOMBAY HIGH COURT] since four years had expired from the end of the relevant assessment year, as provided under Section 151(1) of the Act, it is only the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner who could have accorded the approval and not the Additional Commissioner of Income Tax. As the stand taken by the respondents that by virtue of provisions of the Act of 2020, the approval of Assistant/Joint Commissioner of Income Tax as granted was valid has been turned down. In view of Section 151(1) of the Act of 1961 prior to its amendment it was only the Principal Chief Commissioner or the Ch ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the reasons recorded for issuance of the said notice as well as the letter according sanction for issuance of notice under Section 148 of the Act of 1961. In reply the petitioner was informed by the respondent No. 1 that prima facie there was non-genuine profit/loss of Rs. 30,30,000/- for the financial year 2014-15 and hence it was a fit case for issuance of notice under Section 148 of the Act of 1961. After getting on-line approval from the Competent Authority the said notice came to be issued. It is the specific case of the petitioner that the approval obtained under Section 151 of the Act of 1961 was from the Additional/Joint Commissioner of Income Tax, Range-4, Nagpur. Thereafter notice under Section 142(1) came to be issued on 22/11 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nsel for the respondent Nos. 1 to 4 opposed the writ petition. By relying upon the affidavit in reply it was submitted that notice issued under Section 148 was in accordance with law. In the light of the provisions of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (for short, the Act of 2020) it was sufficient that sanction was granted by the Assistant/Joint Commissioner of Income Tax. By virtue of the aforesaid provisions the time limit for issuance of notice under Section 148 and granting of sanction under Section 151 of the Act of 1961 had been extended to 31/03/2021 and as the impugned notice having been issued on 30/03/2021, it was in accordance with law. Hence there was no reason to interfere wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Act, which is impugned in this petition. In view thereof, the consequent orders and notices will also have to go. 6. The aforesaid position has been reiterated in the subsequent decision in Johnson and Jonson Private Ltd. (supra). We therefore find that the stand taken by the respondents that by virtue of provisions of the Act of 2020, the approval of Assistant/Joint Commissioner of Income Tax as granted was valid has been turned down. In view of Section 151(1) of the Act of 1961 prior to its amendment it was only the Principal Chief Commissioner or the Chief Commissioner of Income Tax who could have accorded the approval. Thus a case for interference has been made out. 7. In that view of the matter, the writ petition succee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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