Reassessment Proceeding is Bad in Law if Approval of CIT Taken Instead of Range Head ! !

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Reassessment proceeding under section 147 is one of the most used provision by the assessing officer. As per the Income Tax Act , a proceeding to reassess the income has to be initiated by issue of notice under section 148 of the I.T.Act. Since the powers of reassessment to assessing officer are wide and vulnerable for misuse , the legislature and various courts have also put in place certain safeguards so that the provision is not misused to harass the tax payers.One of them is seeking prior approval before issue of notice u/s 148 from Joint/Additional CIT or Commissioner of Income Tax . For this , a separate provision under section 151 of the Income Tax Act has been enacted.

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