INCOME TAX OFFICER, GHAZIABAD vs. SURENDERM SINGH, GHAZIABAD
What did the Tribunal hold?
The Tribunal noted that a key issue was the validity of the reopening of assessment due to a lack of proper approval from the prescribed authority under Section 151 of the Act. The approval on record was dated 27.03.2018.
What were the facts?
The case involves an appeal by the Revenue and a cross-objection by the assessee for AY 2011-12. The primary issue raised is the validity of the reopening of assessment.
What were the issues?
The central legal issue is whether the reopening of the assessment was validly conducted, specifically concerning the approval obtained from the prescribed authority under Section 151 of the Income Tax Act.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH G, NEW DELHI
Before: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahman
Heard together (2 matters)
Read from the judgment's own cause title. This page is filed under one of them.
Asstt. Year: 2011-12 Income Tax Officer, Vs Surender Singh, 2st Floor, C.G.O-II, Hapur S/o Sh. Mool Chand Singh, Chungi, Ghaziabad-201001 Noor Nagar, Sihani, Ghaziabad-201001 (APPELLANT) (RESPONDENT) PAN No. AFAPT2835F CO No. 40/Del/2025 : Asstt. Year: 2011-12 Surender Singh, Vs Income Tax Officer, S/o Sh. Mool Chand Singh, 2st Floor, C.G.O-II, Hapur Noor Nagar, Sihani, Chungi, Ghaziabad-201001 Ghaziabad-201001 (APPELLANT) (RESPONDENT) PAN No. AFAPT2835F Assessee by : Sh. Sahil Sharma, Adv. & Sh. Sanjay Parashar, Adv. Revenue by : Sh. Manish Gupta, Sr. DR Date of Hearing: 16.07.2025 Date of Pronouncement: 23.07.2025 ORDER
Per Satbeer Singh Godara, Judicial Member:
This Revenue’s appeal and assessee’s cross objection CO No. 40/Del/2025 for Assessment Year 2011-12 arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2023-24/1059408804(1) dated 05.01.2024, in proceedings u/s 147 r.w.s. 144 of the Income Tax Act, 1961 (in short “the Act”), respectively.
It emerges during the course of hearing that there arises the first and foremost issue of validity of the reopening itself for want of a valid approval by the learned prescribed authority u/s. 151 of the Act. The tribunal’s attention is invited to the approval dated 27.03.2018 (page 4 in paper book) wherein the learned prescribed authority had accepted the Assessing Officer’s reopening proposal as “Yes, I am satisfied………”. This being the clinching factual position emanating from the record, we hereby quote CIT vs. S. Goyanka Lime and Chemical Ltd. (2023) 453 ITR 242 (SC) that such a mechanical approval vitiates the entire reopening; and therefore, we accept the instant legal ground in very terms. This reopening is quashed therefore.
All other pleadings on merits herein stand rendered academic.
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Latest GST High Court judgments
Search GST case law →- R.K.Service Station, Balasore vs. Commissioner CT And GST Odisha, CuttackOrissa · 31 Oct 2026
- Tankala Soumya vs. Assistant Commissioner Of State Tax, CT And GST, Rayagada Circle, RayagadaOrissa · 31 Oct 2026
- M/S Pooja, Town Hallroad, Cuttack vs. State Tax Officer, Cuttack-I West Circle,CuttackOrissa · 31 Oct 2026
- M/S Chicvogue Fashions Lip, Ganjam vs. State Tax Officer Bhubaneswar- Ii CircleOrissa · 31 Oct 2026
- M/S Priya, Townhall Road, Cuttack vs. Superintendent Cuttack- I Range, CuttackOrissa · 31 Oct 2026