Challenge on Non-Compliance of Formalities of Taking Approval of Specified Authority u/s 151(ii) of Income Tax Act: Calcutta HC dismisses Petition [Read Order]
Following the precedents, the division bench dismissed the appeal filed by the Revenue Department
![Challenge on Non-Compliance of Formalities of Taking Approval of Specified Authority u/s 151(ii) of Income Tax Act: Calcutta HC dismisses Petition [Read Order]](https://www.taxscan.in/wp-content/uploads/2024/08/Income-Tax-Income-Tax-Act-Calcutta-HC-Non-Compliance-Approval-of-Specified-Authority-calcutta-hc-news-Petition-Calcutta-HC-Dismisses-Petition-taxscan.jpg "Challenge on Non-Compliance of Formalities of Taking Approval of Specified Authority u/s 151(ii) of Income Tax Act: Calcutta HC dismisses Petition [Read Order]")
The Calcutta High Court dismissed the writ petition which challenge the order passed under section 148 of the Income Tax Act, 1961 on non-compliance of formalities of taking approval of specified authority under section 151(ii) of the Act. It was observed that the revenue cannot dispute the fact that identical issue was decided against the Department in the case of Siemens...
The Calcutta High Court dismissed the writ petition which challenge the order passed under section 148 of the Income Tax Act, 1961 on non-compliance of formalities of taking approval of specified authority under section 151(ii) of the Act.
It was observed that the revenue cannot dispute the fact that identical issue was decided against the Department in the case of Siemens Financial Services[P] Ltd. vs. Deputy Commissioner of Income-tax.
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The revenue filed appeal challenging the order passed by the Single Bench in WPO 974 of 2023 dated 4.5.2023 by which the writ petition challenging the order passed in favour of respondent assessee, Specie Finance Pvt Ltd And Ors. under section 148A(d) of the Income Tax Act, 1961 dated 28.7.2022 relating to the assessment year 2016-17 was quashed on the ground that the specified authority has not granted approval.
There is a delay of 325 days in filing the appeal and the court condoned the being satisfied that sufficient cause has been shown for not preferring the appeal within the period of limitation.
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In the case of Income Tax Officer, Ward-47(1), Kolkata v. Vinay Kumar Singh & Ors. it was observed that the order was challenged on the ground of non-compliance of the formalities of taking approval of the specified authority mentioned in Section 151(ii) of the Act.
The revenue cannot dispute the fact that identical issue was decided against the Department in the case of Siemens Financial Services[P] Ltd. vs. Deputy Commissioner of Income-tax, [2023] .
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It was found that following the above decisions, the appeal filed by the revenue is dismissed. The connected application is also dismissed.
Following the above decision, the division bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharyya dismissed the appeal filed by the Revenue Department.
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