9911796707
TMI Blog2025 (2) TMI 495X X X X Extracts X X X X X X X X Extracts X X X X ..... Income Tax ("PCCIT") and not the PCIT.
Thus, order under Section 148A(d) of the Act, and notice under section 148 are quashed. Decided in favour of assessee. X X X X Extracts X X X X X X X X Extracts X X X X ..... Rs. 14,31,884/- made by disallowing the claim u/s 80P of the Act is incorrect. Accordingly, the addition so made be kindly deleted and Appellant be granted just and proper relief in this respect. 7. The appellant prays to be allowed to add, amend, modify, rectify, delete, raise any grounds of appeal at the time of hearing." Brief facts of the Case : 1.1 Assessee is a Co-operative Credit Society registered under Maharashtra Co-operative Societies Act, 1960. It is observed from the assessment record that No return of Income was filed by the Assessee for A.Y.2018-19 under section 139(1) of the Act. The Assessing Officer(AO) received information that Assessee has made huge cash deposits. Therefore, Assessing Officer, ITO, Ward-1, Latur issued notice under section 148A of the Act, dated 16.03.2022. Assessee filed an elaborate reply which is at page no.11 to 13 of the paper book. Assessee pleaded that there is no escapement of income and hence no notice under section 148 should be issued. The Assessing Officer i.e. ITO, Ward-1, Latur passed an order under section 148A(d) of the Act, dated 06.04.2022 with the approval of Principal Commissioner of Income Tax, Nashik. In the order unde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in case of Hexaware Technologies Ltd., Vs. ACIT (W.P.No.1778/2023). 2.2 The ld.AR for the Assessee relied on following case laws : • M/s.S V Jadhav Vs. ITO W.P. 3345 of 2022 (Bom HC) • M/s.Siemens Financial Services Pvt. Ltd., Vs. DCIT W.P. 4888 of 2022 (Bom HC) • M/s.Holiday Developers (P.) Ltd., Vs. ITO [W.P.3679 of 2023 (Bom HC)] • UOI Vs. Rajeev Bansal (Civil Appeal No.8629 of 2024) (SC) Submission of ld.DR : 3. The ld. Departmental Representative(ld.DR) for the Revenue relied on the order of Assessing Officer and ld.CIT(A). Ld.DR for the Revenue submitted that in this case, notice under section 148A(b) of the Act, was issued on 16.03.2022 with the approval of Principal Commissioner of Income Tax, Nashik. The notice under Section 148A(b) was issued within a period of three years from the end of Assessment Year. Therefore, as per section 151 of the Act, approval shall be by Principal Commissioner of Income Tax. In this case, admittedly, following provisions of Section 151, approval has been granted by Principal Commissioner of Income Tax, Nashik on 15.03.2022, and then notice under section 148A(b) was issued on 16.03.2022. The order under section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion for issue of notice. 151. Specified authority for the purposes of section 148 and section 148A shall be,-- (i) Principal Commissioner or Principal Director or Commissioner or Director, if three years or less than three years have elapsed from the end of the relevant assessment year; (ii) Principal Chief Commissioner or Principal Director General or where there is no Principal Chief Commissioner or Principal Director General, Chief Commissioner or Director General, if more than three years have elapsed from the end of the relevant assessment year.] (Emphasis supplied) 4.3 Thus, as per section 151 of the Act, approval of Principal Chief Commissioner or Principal Director General, Chief Commissioner or Director General is required for an order under section 148A(d) of the Act, when the order is passed beyond three years from the end of assessment year. In this case, the order under section 148A(d) of the Act, was passed 06.04.2022 for A.Y.2018-19 which is beyond a period of three years from the end of the Assessment Year, with the approval of Principal Commissioner of Income Tax. The Hon'ble Jurisdictional High Court in the decision of Holiday Developers (P.) Ltd, Vs. ITO ..... X X X X Extracts X X X X X X X X Extracts X X X X
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