LAWS(IT)-2015-8-22

ADVANCE INDIA PROJECTS LTD. Vs. ASSISTANT CIT

Decided On August 14, 2015
Advance India Projects Ltd. Appellant
V/S
Assistant Cit Respondents

JUDGEMENT

(1.)

(2.) IN the above three appeals, ITA Nos. 55 and 56/Del/2015 are related to amalgamated company Mallard Projects (P) Ltd. and ITA No. 54/Del/2015 is related to Advance India Projects Ltd., all for the same assessment year 2005 -06. Their respective grounds raised by the assessee against the First Appellate Order are being reproduced while dealing with each of these appeals:

(3.) THE Learned CIT(Appeals) has grossly erred on facts as well as in law in ignoring that the notice u/s. 148 is ab -initio void because the Ld. A.O. had not taken the approval from CIT u/s. 151 before issue of such notice though the assessment reopened was completed u/s. 143(3).