ANAND TYAGI,MEERUT vs. ITO WARD-1(1), MEERUT
What did the Tribunal hold?
The Tribunal noted that the validity of the reopening itself was in question due to a lack of valid approval from the prescribed authority under Section 151. The approval provided was examined.
What were the facts?
The assessee's appeal for AY 2012-13 arises from an order passed under Section 144 of the Income Tax Act. A key issue raised is the validity of the reopening proceedings.
What were the issues?
The primary issue is the validity of the reopening of assessment proceedings due to the alleged lack of proper approval from the prescribed authority.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH SMC, NEW DELHI
Before: Sh. Satbeer Singh Godara
Asstt. Year : 2012-13 Anand Tyagi, Vs Income Tax Officer, 112, Kharkhauda, Moh. Tihai, Ward-1(1), Meerut, Uttar Pradesh-245206 Meerut (APPELLANT) (RESPONDENT) PAN No. AETPT7053B Assessee by: Sh. Sanjiv Sapra, CA Revenue by : Sh. Manoj Kumar, Sr. DR Date of Hearing: 29.05.2025 Date of Pronouncement: 29.05.2025 ORDER
This assessee’s appeal for Assessment Year 2012-13, arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2024-25/1070690108(1) dated 27.11.2024, in proceedings u/s 144 of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
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 22.03.2019 (page 116 in paper book) wherein the learned prescribed authority had accepted the Assessing Officer’s reopening proposal as “Yes, I am satisfied………”. This Anand Tyagi 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 stand rendered academic.
This assessee’s appeal is allowed. Order Pronounced in the Open Court on 29/05/2025.
More judgments on Section 151
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- Rajesh Kumar Khandelwal, Jaipur vs ITO Ward 5(1), JaipurITA 21/JPR/2026[2016-17]Status: Disposed21 Oct 2026AY 2016-17
- Haresh Sharma, Ahmedabad vs ITO, Ward 5(3)(1), AhmedabadITA 2124/AHD/2026[2019-20]Status: Disposed21 Oct 2026AY 2019-20
- Shree Bandharda Seva Sahkari Mandli Ltd… vs Income Tax Officer Ward -4, JunagadhITA 881/RJT/2025[2019-20]Status: Disposed19 Oct 2026AY 2019-20
- Naresh Chandra Khattar, Agra vs ITO Ward-1(1)(2), AgraITA 475/AGR/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
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