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Commissioner of Income Tax Vs Rajesh Garg

Case No: IT Appeal No. 587 of 2005

Date of Decision: Aug. 11, 2006

Acts Referred: Income Tax Act, 1961 — Section 143(1)(a), 151, 2(16)

Hon'ble Judges: J.S. Narang, J; Anand Kumar, J

Bench: Division Bench

Advocate: Yogesh Puthey, for the Appellant; Sanjay Bansal, for the Respondent

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Judgement

@JUDGMENTTAG-ORDER

1. It is agreed between the learned counsel for the parties and we are also satisfied that the following questions of law would arises for our

consideration:-

1. Whether the initiation of reassessment proceedings in a case where the assessment was framed u/s 143(1)(a), in the absence of approval having

been grated by the Joint Commissioner of income tax as envisaged u/s 151, of the income tax Act, 1961 is without jurisdiction and therefore

invalid?

2. Whether definition of Commissioner as defined u/s 2(16) of the Act would include the Addl. Commissioner, Joint Commissioner and Deputy

Commissioner, as defined u/s 151 of the income tax Act and that the interpretation would be founded/affected by the decision rendered in

Berger''s case?

Admitted.

In the facts and circumstances of the case, Registry is directed to list the aforesaid appeal for hearing within six months.