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The sole contention of the petitioner-assessee that prior approval required from the competent authority under s. 151 of the IT Act, 1961 was not obtained before issuing notice under s. 148 of the IT Act, 1961 will be considered first. The objection in this regard was also taken by the assessee before the authorities below. It was raised in the objections against issuance of notice under s. 148 of the IT Act, 1961.

Shanti Prime Publication Pvt. Ltd.

Sec. 151 of Income-tax Act, 1961— Reassessment— Approval under s. 151 prior to initiation of proceedings under s. 148 is a jurisdictional prerequisite and in the absence of such approval the proceedings would fall to the ground for want of jurisdiction and as such, the assessee is fully entitled to a copy of the order passed under s. 151 and correspondingly, the AO is obliged to handover a copy of the same, as and when the assessee seeks for it — Deepak Gupta vs. Asstt. CIT [2020] 313  CTR 34 (ALL)

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