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March 2023

Section 148 –Reopening – beyond the period of four years – Approval for issuance of notice:

By Ajay R. Singh, Advocate
Reading Time 3 mins
24 MA Multi-Infra Development Pvt Ltd vs. ACIT Circle- 3(2)(1) & Ors [Writ Petition No. 1650 of 2022, Date of order: 09th January, 2023, (Bom.) (HC)] Section 148 –Reopening - beyond the period of four years - Approval for issuance of notice: The assessee challenges the notice dated 31st March, 2021 under section 148 of the Act, for the A.Y. 2015-16, inter-alia, on the ground that since the same has been issued beyond the period of four years, approval for issuance of the same ought to have been obtained from the Principal Chief Commissioner of Income-tax in terms of section 151(ii) of the Act. The Court observed that a perusal of the notice dated 31st March, 2021 issued under section 148 of the Act by the AO shows that the same has been issued after obtaining necessary satisfaction of Additional Commissioner of Income Tax, Range (3)(2), Mumbai. As per the objections filed by the revenue, the approval was obtained from the Additional Commissioner of Income Tax, Range (3)(2), Mumbai. The said officer, it is stated, was competent to grant approval in view of the applicability of the Taxation and Other Laws (Relaxation and Amendment of Certain Provisions) Act, 2020 (for the sake of convenience, hereinafter referred to as ‘the Relaxation Act’). It is stated that in terms of the Relaxation Act, the limitation inter-alia, under provisions of se
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