Further placed reliance on the decision of
ITAT, Mumbai in the case of GTL Ltd. vs. ACIT
reported in 37 ITR (Trib.) 0376 (Mum.), notice u/s.
148 of the Act does not mention the fact that the
same is issued after the satisfaction of the
authority u/s. 151 of the Act, such non-mentioning
135
ITA.No.4749/Del./2019 M/s. Charbuja
Marmo (India) Pvt. Ltd., Delhi.
Further placed reliance on the decision of
ITAT, Mumbai in the case of GTL Ltd. vs. ACIT
reported in 37 ITR (Trib.) 0376 (Mum.), notice u/s.
148 of the Act does not mention the fact that the
same is issued after the satisfaction of the
authority u/s. 151 of the Act, such non-mentioning
64
ITA.No.1503/Del./2017 VRC
Township P. Ltd., Delhi.
Further placed reliance on the decision of
ITAT, Mumbai in the case of GTL Ltd. vs. ACIT
reported in 37 ITR (Trib.) 0376 (Mum.), notice u/s.
148 of the Act does not mention the fact that the
same is issued after the satisfaction of the
authority u/s. 151 of the Act, such non-mentioning
82
ITA.No.4257/Del./2019 Maheshwari Roller
Flour Mills Pvt. Ltd., New Delhi..
Further placed reliance on the decision of
ITAT, Mumbai in the case of GTL Ltd. vs. ACIT
reported in 37 ITR (Trib.) 0376 (Mum.), notice u/s.
148 of the Act does not mention the fact that the
same is issued after the satisfaction of the
authority u/s. 151 of the Act, such non-mentioning
62
ITA.Nos.3869 & 3870/Del./2018 M/s. Madhu
Apartment Private Limited, Delhi.
18. He further referred to the Paper book page No. 16, which is a notice
dated 27.11.2013 issued under Section 148 of the Act. He submitted
that notice did not mention the fact that it has been issued after
satisfaction of authority under Section 151 of the Act. He submitted that
non-mentioning of this jurisdictional fact renders the re-assessment
notice invalid in law. For this proposition, he relied on the decision of the
co-ordinate bench in GTL Ltd. Vs. ACIT 37 ITR (Trib) 376 which was
based on the decision of Hon'ble Bombay High Court in DSJ
Communications Vs. DCIT 222 Taxman 129 (Bom.) wherein it has been
Page | 9
held that non-mentioning of the above fact in the notice under Section
148 of the Act vitiates the entire initiation of re-opening proceedings.
The
case of the assessee also find support from the co-ordinate Bench in the
case of M/s GTL Limited VS. ACIT in ITA No. 6416/MUM/2010 vide order
dated 02.11.2015 which has followed the Hon'ble Bombay High Court
decision in the case of DSJ Communications vs DCIT, reported in 222
Taxman 129 (Bom) as referred to above, wherein the co-ordinate Bench in
para no.24 has held as under: -