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TMI Blog2023 (9) TMI 1547X X X X Extracts X X X X X X X X Extracts X X X X ..... orm, it is quite obvious that the person seeking the approval has not applied his mind and the PCIT granting approval also has not applied her mind. This is because the time limit for current proceedings should be covered u/s 149(1)(a) that is for less than three years because the assessment year is 2019-2020 and the notice u/s 148A(b) is dated 29th March 2023. But in the Form, in row 9, it is men ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ommitted. We are of the opinion that if only the PCIT had read the Form for approval carefully, she would not have come to the conclusion that there is any material to treat it as a fit case to issue notice under Section 148 or pass order under Section 148A(d) of the Act. Decided in favour of assesse. - K. R. Shriram Kamal Khata, JJ. For the Petitioner : Mr. Devendra H. Jain a/w. Mr. Ashwin Jain ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the Act was issued on 29th March 2023. Therefore, it was within three years. In the Form submitted for approval under Section 151 of the Act, in row 7, it says the quantum of income which has escaped assessment is four lakhs . In row 9, it is mentioned time limit for current proceedings covered under Section 149(1)(b) for more than 3 years but not more than 10 years and row 22 states that the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Under Section 149(1)(b) of the Act no notice can be issued if the amount is less than Rs.50 lakhs. Further, if Section 149(1)(b) of the Act is applicable, then the approval could be granted only by the Principal Chief Commissioner and not Principal Commissioner as in this case. 4 Therefore, in our view, the application for approval and the grant of approval have all been made by the officers mecha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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