GAJRAJ SINGH,DELHI vs. ITO WARD 43(1), DELHI
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?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI
Before: SHRI SATBEER SINGH GODARA
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’).
Heard both the parties. Case file perused.
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).
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.
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.
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
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
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