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2018 Supreme(Bom) 2584

M.S.SANKLECHA, SANDEEP K.SHINDE
Commissioner Of Income Tax – Appellant
Versus
Aquatic Remedies Pvt. Ltd. – Respondent


Advocates Appeared:
Mr. Tejveer Singh, Advocate, for the Appellant; Mr. F. V. Irani i/b. Mr. A. K. Jasani, Advocates, for the Respondent

JUDGMENT

M.S. Sanklecha, J. - This Appeal under section 260A of the Income Tax Act, 1961 (the Act), challenges the order dated 25th March, 2015 passed by the Income Tax Appellate Tribunal (the Tribunal). The impugned order dated 25th March, 2015 is in respect of Assessment Year 2004-05.

2. Revenue urges the following question of law, for our consideration:

    " Whether on the facts and in the circumstance of the case and in law, the Tribunal was correct in quashing the order made under Section 143(3) r.w.s. 147 holding that the same is out of jurisdiction without appreciating the fact that the sanction of the CIT was based on the satisfaction/report of the Addl. CIT and as such the requirement of section 151(2) of the IT Act which calls for the sanction of the Addl. CIT, is duly fulfilled?"

    3. Respondent is engaged in the business of trading in pharmaceutical products. On 25th March, 2011, the Assessing Officer issued a notice under Section 148 of the Act, seeking to reopen the assessment for the Assessment Year 2004-05. Respondent challenged the issuance of the reopening notice dated 25th March, 2011 on the ground that, permission/sanction for issuing of the notice had to be obtained

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