The Bombay High Court has held that the approval for the issuance of a notice

The Bombay High Court has held that the approval for the issuance of a notice

The Bombay High Court has held that the approval for the issuance of a notice under Section 148 ought not to have been obtained from the Additional Commissioner of Income Tax but from the authority specifically mentioned under Section 151(ii) of the Income Tax Act i.e. it is subject to the approval of the Principal Chief Commissioner of Income-tax (PCIT). However, the department urged that since the Relaxation Act had extended the period of limitation, the authority that was otherwise supposed to grant approval in regard to cases falling within the ambit of Section 151(i) could have granted approval beyond the period of three years based upon the Relaxation Act. (MA Multi-Infra Development Pvt Ltd vs ACIT, date of order 09.01.2023)



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