#Section 148 notice

ITAT Mumbai rules that issuing two reassessment orders under Section 147 for the same transaction in a single assessment year is legally impermissible. The second order renders the first infructuous, setting a precedent against procedural duplication in tax reassessment proceedings.

The ITAT Delhi has ruled that a reassessment notice under Section 148 is void if the mandatory prior approval from the Principal Chief Commissioner or Principal Director General of Income Tax under Section 151(2)(b) is obtained more than three years after the end of the relevant assessment year. This sets a strict temporal limit on procedural compliance, impacting all tax authorities issuing reopening notices and reinforcing the need for timely administrative due process in income tax reassessments.

ITAT Ahmedabad rules that reassessment under Section 147 is invalid if initiated after the merger of the original assessment with the CIT(A) order, unless there is a failure to disclose material facts. The ruling reinforces procedural safeguards against arbitrary reassessment, impacting tax litigation strategy for government and corporate assessees.

ITAT Ahmedabad quashes reassessment proceedings for AY 2017-18, ruling that escaped income below Rs. 50 lakhs does not trigger jurisdiction under Section 149(1)(b) of the Income Tax Act. The decision reinforces the statutory threshold as a non-negotiable precondition for reassessment beyond three years, impacting tax authorities' powers to reopen closed assessments.

ITAT Delhi rules that notice under Section 143(2) of the Income Tax Act is mandatory for all returns filed in response to Section 148 notices, regardless of e-verification status or procedural defects. The tribunal sets a precedent that cognizance of a return by the Assessing Officer triggers the obligation to issue the notice, impacting reassessment proceedings nationwide.