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Bombay High Court

AKSHAR DEVELOPERSversusASST. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE 4 THANE AND ORS

Decided
Disposal
Disposed Off

Holding

The order under Section 148A(d) and the notice under Section 148 are quashed because sanction was obtained from the authority under Section 151(i) instead of the authority required under Section 151(ii).

Summary

Akshar Developers filed a writ petition challenging the Income Tax Department's order under Section 148A(d) and the subsequent notice under Section 148 for Assessment Year 2017-18. The petitioner had filed a nil return and the department issued a reassessment notice more than three years after the end of the AY, after obtaining sanction from the Principal Commissioner (PCIT) under Section 151(i). The petitioner argued that, because the notice was issued after the three‑year period, sanction should have been obtained from the authority specified in Section 151(ii) (Principal Chief Commissioner, Principal Director General, Chief Commissioner or Director General). The Court held that the sanction was indeed obtained from the wrong authority, rendering the order and notice invalid. Consequently, the Court set aside the order dated 29 July 2022, the notice issued under Section 148, and the later order disposing of objections, and disposed of the writ petition.

Issues considered

  • Whether the sanction for issuing a reassessment notice under Section 148/148A for AY 2017-18 was obtained from the authority prescribed under Section 151(ii) of the Income Tax Act, given that more than three years had elapsed from the end of the assessment year.

Legislation cited

Subjects

  • Income Tax
  • Reassessment
  • Section 148
  • Section 148A
  • Section 151
  • Writ Petition
  • Procedural Validity
  • Sanction Authority

Judgment

2026:BHC-AS:39130-DB


                                                                     6-WP-3371-2026.doc



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION

                                 WRIT PETITION NO. 3371 OF 2026

            Akshar Developers                                          .. Petitioner

                    Versus

            Asst. Commissioner of Income Tax
            Central Circle-4, Thane and Ors.                           .. Respondents


                 Adv. Ritika Agarwal, with Adv. Yaminee Verma, i/b Acelegal, for
                 the Petitioner.

                 Adv. Ashok Kotangle, with Adv. Pranav Kulkarni, for the
                 Respondent/Revenue.



                                  CORAM: B. P. COLABAWALLA &
                                              FARHAN P. DUBASH, JJ.
                                  DATE:       SEPTEMBER 22, 2026

            P. C.

            1.              Rule. Respondents waive service. With the consent of parties,

            Rule is made returnable forthwith and heard finally.



            2.              By the present Writ Petition, the Petitioner challenges the order

            dated 29th July 2022 passed under Section 148A(d) of the Income Tax Act,

            1961 (for short “the Act”) ; the notice issued under Section 148 dated 29th

            July 2022; and the subsequent order disposing of the Petitioner's objections

            dated 17th February 2026. The Assessment Year in question is A.Y 2017-18.
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3.              In the facts of the present case, the Petitioner has e-filed its

Return of Income for the Assessment Year 2017-18 on 6th January 2017,

declaring his total income as Nil. Initially, Respondent No.1 had issued a

Notice under Section 148 [under the erstwhile law of reassessment] on 1 st

April 2021 i.e. three years after the end of A.Y.2017-18. Subsequently because

of the judgment of the Hon’ble Supreme Court in the case of Union of

India v. Ashish Agarwal [(2022) 444 ITR 1 (SC)] the Notice dated 1st

April 2021 issued under the erstwhile Section 148 of the Act was to be treated

as a show cause notice under Section 148A(b) of the Act. Consequently,

Respondent No. 1 issued a fresh notice dated 1st June 2022 under Section

148A(b) of the Act, setting out the reasons for reopening the assessment in

terms of the amended reassessment regime introduced by the Finance Act,

2021. In response to the aforesaid notice, the Petitioner filed its detailed

objections on 10th June 2022. Thereafter, Respondent No. 1 passed an order

dated 29th July 2022 under Section 148A(d) rejecting the objections raised

by the Petitioner and issued a notice under Section 148, after obtaining

approval from Respondent No. 4 [PCIT]. Aggrieved by the aforesaid order

and consequential notice, the Petitioner has filed the present Writ Petition.




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4.              The principal ground on which the impugned notice is

challenged is that the approval/sanction as contemplated under Section 151

of the Act was not granted by the correct specified authority. It is the

contention of the Petitioner that in the present case, the sanction has been

granted by Respondent No. 4 [PCIT] who is the authority mentioned in

Section 151(i) of the Act. However, since the notice under Section 148 issued

to the Petitioner is dated 29th July 2022, more than three years have elapsed

from the end of A.Y 2017-18. In such a scenario, the authority competent to

grant sanction was the authority mentioned in Section 151(ii), namely, the

Principal Chief Commissioner or the Principal Director General or the Chief

Commissioner or the Director General. It is on this basis that it is contended

that the notice issued under Section 148 is invalid in law.



5.              Ms. Agarwal, the learned counsel appearing on behalf of the

Petitioner, has submitted that the impugned order passed under Section

148A(d) dated 29th July 2022, and the consequential notice under Section

148 dated 29th July 2022 was passed beyond three years from the end of the

relevant A.Y. 2017-18. In such circumstances, as per the provisions of Section

151(ii) i.e. when more than three years have elapsed from the end of the

relevant assessment year, the specified authority for obtaining the approval

was either the Principal Chief Commissioner (PCCIT), or Principal Director

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General (PDGIT), or where there is no PCCIT or PDGIT, the Chief

Commissioner(CCIT), or the Director General (DGIT). She further submitted

that in the present case the sanction/approval was obtained from Respondent

No. 4 [PCIT] who is not a “specified authority” under Section 151(ii) of the

Act. It was, therefore, submitted that the statutory requirement of obtaining

sanction from the authority specified under Section 151(ii) had not been

complied with, and consequently, the impugned order passed under Section

148A(d) and the notice issued under Section 148 of the Act are invalid in law.



6.              In support of this contention the learned advocate for the

Petitioner has placed reliance on the decision of the Hon'ble Supreme Court

in the case of Union of India vs. Rajeev Bansal [2024] 167

taxmann.com 70 (SC) [2024] 301 Taxman 238 (SC) [2024] 469

ITR 46 (SC). She submitted that the Hon'ble Supreme Court, while dealing

with the issue of approval of the specified authority in terms of Section 151 of

the Act, in paragraph 78, has observed that for A.Y. 2017-18, the authority

specified under Section 151(i) of the new regime can grant sanction only till

30th June 2021. Any sanction to reassessment proceedings after 30 th June

2021 will have to be granted by specified authority prescribed under Section

151(ii) of the Act.



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7.              The learned Advocate appearing on behalf of the Revenue did

not dispute the above factual position and fairly stated that appropriate

orders be passed.



8.              We have heard the learned counsel for the parties and also

perused the papers and proceedings to the above Writ Petition. In the facts of

the present case, Respondent No.4 has granted the sanction for issuance of

the Notice under Section 148 of the Act on 28 th July 2022. Since the Notice

under Section 148 issued to the Petitioner is dated 29 th July 2022 a period of

more than 3 years have elapsed from the end of A.Y.2017-18. In such a

scenario the authority competent to grant a sanction was the authority

mentioned in Section 151(ii) of the Act. For the sake of convenience, Section

151, as amended by Finance Act, 2021, is reproduced below:

                   “Sanction for issue of notice.
                   151. Specified authority for the purposes of section
                   148 and section 148A shall be,

                   (i) Principal Commissioner or Principal Director
                   or Commissioner or Director, if three years or
                   less than three years have elapsed from the end of
                   the relevant assessment year;

                   (ii)      Principal Chief Commissioner or
                   Principal Director General or where there is no
                   Principal Chief Commissioner or Principal
                   Director General, Chief Commissioner or Director
                   General, if more than three years have elapsed
                   from the end of the relevant assessment year”
                                                  (emphasis supplied)

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9.              On perusal of the order dated 29th July 2022 passed under

Section 148A(d) of the Act, we find that the aforesaid order was passed after

taking approval from Principal Commissioner of Income Tax (Respondent

No.4). Since the aforesaid order was passed, as well as the notice under

Section 148 was issued, after the expiry of three years from the end of A.Y.

2017-18, as per the amended provisions of reassessment, the authority

specified       under Section    151(ii) of   the   Act   was   required    to   grant

approval/sanction. Accordingly, we conclude that in the present case, the

approval has been obtained from the authority specified under Section 151(i)

of the new regime instead of the authority specified under Section 151(ii) of

the new regime. Since the sanction has been obtained from the incorrect

authority, the order passed under Section 148A(d) and the notice issued

under Section 148 are unsustainable and would have to be quashed and set

aside.



10.             We are supported in our view by the decision of the Hon’ble

Supreme Court in Rajeev Bansal (supra). The Hon'ble Supreme Court, in

Rajeev Bansal (supra), has in paragraph 78, clearly held that for A.Y.

2017-18 (which is also the relevant Assessment year in the present Writ

Petition) the authority specified under Section 151(i) can grant sanction only

upto 30th June 2021. Paragraph 78 of Rajeev Bansal (supra) reads thus:-

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                                SEPTEMBER 22, 2026
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                                         “78.      For example, the three-year time limit
                                         for the assessment year 2017-2018 falls for
                                         completion on March 31, 2021. It falls during the
                                         time period of March 20, 2020 and March 31,
                                         2021, contemplated under section 3(1) of the
                                         Taxation and other Laws (Relaxation and
                                         Amendment of Certain Provisions) Act, 2020.
                                         Resultantly, the authority specified under section
                                         151(i) of the new regime can grant sanction till
                                         June 30, 2021.”


                      11.             In view of the above discussion we set aside the order dated 29th

                      July 2022 passed under Section 148A(d) of the Act, the consequential notice

                      issued under Section 148 dated 29th July 2022, and the order disposing of

                      the Petitioner’s objections dated 17th February 2026 and all other

                      proceedings/orders emanating therefrom.



                      12.             Rule is made absolute in the aforesaid terms and the Writ

                      Petition is also disposed of in terms thereof. However, there shall be no order

                      as to costs.



                      13.             This order will be digitally signed by the Private Secretary/

                      Personal Assistant of this Court. All concerned will act on production by fax

                      or email of a digitally signed copy of this order.



                      [FARHAN P. DUBASH, J.]                            [B. P. COLABAWALLA, J.]


                                                        Page 7 of 7
                                                    SEPTEMBER 22, 2026
                      Darshan Patil

Signed by: Darshan Patil
Designation: PA To Honourable Judge
Date: 24/09/2026 17:59:26


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