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31. Amendment of section 151. |
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—In section 151 of the Income-tax Act, after sub-section (2), the following Explanation shall be inserted and shall be deemed to have been inserted with effect from the 1st day of October, 1998, namely:—
‘Explanation.—For the removal of doubts, it is hereby declared that the Joint Commissioner, the Commissioner or the Chief Commissioner, as the case may be, being satisfied on the reasons recorded by the Assessing Officer about fitness of a case for the issue of notice under section 148, need not issue such notice himself.".
Clause 31 seeks to amend section 151 of the Income-tax Act, which relates to sanction for issue of notice.
Under the existing provisions of section 151, there is, in certain situations, requirement of satisfaction of the Joint Commissioner, the Commissioner or the Chief Commissioner, as the case may be, on the reasons recorded by the Assessing Officer about the fitness of a case for the issue of notice under section 148.
It is proposed to insert an Explanation after sub-section (2) of section 151 so as to declare that the Joint Commissioner, the Commissioner or the Chief Commissioner, as the case may be, being satisfied on the reasons recorded by the Assessing Officer about fitness of a case for the issue of notice under section 148, need not issue the notice himself.
This amendment will take effect retrospectively from 1st October, 1998.
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