Income TaxReassessment Whether Commissioner has to Record his Satisfaction Before Sanction, on the Reasons Recorded by the AO for Reopening of the Case?

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The Tax Publishers Income Tax--Reassessment Whether Commissioner has to Record his Satisfaction Before Sanction, on the Reasons Recorded by the AO for Reopening of the Case? Akhilesh Kumar Sah In Johnson & Johnson Pvt Ltd v. ACIT (ITA No. 4912/MUM/2013) AY 2004-05 decided on 10-08-2020 by ITAT Mumbai, one of the grounds taken by the appellant was that the CIT in a mechanical manner accorded sanction for reopening the assessment under Section 147 of the Act. The CIT had given no reason whatsoever overruling the comments of AO against reopening of assessment. It was held that The sanction by the Commissioner under Section 151 of the Act should not be in a mechanical manner without application of his mind and he should record his satisfaction on the reasons recorded by the AO for reopening of the case. SUBSCRIBE FOR FULL CONTENT

The Tax Publishers

Income Tax--Reassessment

Whether Commissioner has to Record his Satisfaction Before Sanction, on the Reasons Recorded by the AO for Reopening of the Case?

Akhilesh Kumar Sah

In Johnson & Johnson Pvt Ltd v. ACIT (ITA No. 4912/MUM/2013) AY 2004-05 decided on 10-08-2020 by ITAT Mumbai, one of the grounds taken by the appellant was that the CIT in a mechanical manner accorded sanction for reopening the assessment under Section 147 of the Act. The CIT had given no reason whatsoever overruling the comments of AO against reopening of assessment. It was held that The sanction by the Commissioner under Section 151 of the Act should not be in a mechanical manner without application of his mind and he should record his satisfaction on the reasons recorded by the AO for reopening of the case.