BOMBAY HIGH COURT QUASHED INCOME TAX ASSESSMENTS AGAINST AGRICULTURIST AND RICKSHAW DRIVER FOR IMPROPER SANCTION

The Bombay High Court in the case Chandar Mahadev Naik Versus Income Tax Officer observed and has quashed the income tax assessments for the assessment year 2016-2017 against the agriculturists and rickshaw drivers for improper sanction.

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The bench comprising of Justice K.R. Shriram and Justice Neela Gokhale in the case observed and has relied on the decision in the case Siemens Financial Services Private Limited Vs. Deputy Commissioner of Income Tax and Ors., wherein the court held that the approval of the specified authority in terms of Section 151(ii) of the Income Tax Act is a jurisdictional requirement, and in the absence of complying with this requirement, the reopening of the assessment would fail.