DEEPAK GUPTA Vs. ASSISTANT COMMISSIONER INCOME TAX

JUDGEMENT

(1.) The Revenue drew proceedings against the petitioner-assessee for reassessment of income which had allegedly escaped assessment for the Assessment Year 2012-13. The petitioner has assailed various orders taken out by the Revenue at different stages in pursuance of the reassessment proceedings initiated under the relevant provisions of the Income Tax Act, 1961 (hereafter referred to as (I.T. Act, 1961).

(2.) The petitioner has assailed the notice issued under Section 142 (1) of the I.T. Act, 1961 dated 22.10.2019 requiring the petitioner to furnish details, documents and accounts which were necessary to process the case under the relevant provisions of law. The petitioner has also impugned the 'reasons to believe' recorded on 22.03.2019 by the assessing officer to support the formation of opinion of the Revenue as required under Section 147 of the I.T. Act, 1961. Lastly the petitioner has laid a challenge to the orders dated 28.10.2019 and 26.11.2019 disposing of the objections of the petitioner against the issuance of the notice under Section 148 of the I.T. Act, 1961 for the Assessment Year 2012-13.

(3.) Sri R.R. Agarwal, learned Senior Counsel assisted by Sri Suyash Agarwal, learned counsel for the petitioner contends that the only submission made on behalf of the petitioner is that the mandatory prior approval required under Section 151 of the I.T. Act, 1961 from the Principal Commissioner, Income Tax, Noida, was not obtained before initiation of the aforesaid reassessment proceedings. In the absence of such approval under Section 151 of the I.T. Act, 1961 from the competent authority the proceedings against the petitioner which are assailed in the instant writ petition, have no legs to stand on and are devoid of jurisdiction. This is the sole submission made by the learned Senior Counsel for the petitioner.