GAJRAJ SINGH,DELHI vs. ITO WARD 43(1), DELHI

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ITA 7552/DEL/2026Status: DisposedITAT Delhi19 August 2026AY 2012-133 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the reopening of assessment was invalid because the approval under section 151 by the prescribed authority was a mechanical one, lacking independent application of mind. Therefore, the reopening was quashed.

What were the facts?

The assessee's appeal for AY 2012-13 was filed with a delay of 174 days, which was condoned. The primary issue raised was the validity of the reopening of assessment under section 147.

What were the issues?

The key issue was the validity of the reopening of assessment due to a non-application of independent mind by the prescribed authority while granting approval under section 151.

Which sections of the Income-tax Act were involved?

Section 147,Section 143(3),Section 151

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI

Before: SHRI SATBEER SINGH GODARA

Hearing: 19.08.2026Pronounced: 19.08.2026

This assessee’s appeal for assessment year 2012-13, arises against the Commissioner of Income Tax (Appeals) ADDL/JCIT(A)-5 Mumbai [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/APL/S/250/2025-26/1083074973(1), dated 27.11.2025

ITA No. 7552/Del/2026

involving proceedings under section 147 r.w.s. 143(3) of the Income- tax Act, 1961 (hereinafter referred to as ‘the Act’).

2.

Heard both the parties. Case file perused.

3.

Delay of 174 days in filing of the assessee’s instant appeal is condoned in larger interest of justice and in light of Collector, Land & Acquisition vs. Mst. Katiji & Others (1987) 167 ITR 471 (SC).

3.

It emerges during the course of hearing that there arises the first and foremost issue of the validity of the impugned reopening itself, which goes to the root of the matter. This is for the precise reason that the learned counsel representing assessee has invited my attention to the prescribed authority’s section 151 approval dated 28.03.2018 to the Assessing Officer’s reopening proposal, wherein, he has recorded “I am satisfied………” than having applied its independent mind thereupon.

4.

Thus, I am of the considered view that the impugned reopening itself is invalid since based on a mere mechanical approval of the said prescribed authority in light of CIT Vs. S. Goyanka Lime and Chemical

ITA No. 7552/Del/2026

Pvt. Ltd. (2015) 64 taxmann.com 313 (SC) to quash the same in very

terms. Ordered accordingly.

All other pleadings on merits stand rendered academic.

5.

This assessee’s appeal is allowed.

Order pronounced in the open court on 19th August, 2026

Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 01/09/2026. Binita, Sr. PS Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi

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