SUDESH KUMAR YADAV,GURUGRAM vs. INCOME TAX OFFICER, WARD 4(3), GURGAON
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the reopening of assessment was invalid because the approval obtained from the prescribed authority under section 151 was mechanical and lacked independent application of mind.
What were the facts?
The assessee's appeal for AY 2012-13 was filed with a delay of 61 days. The primary issue was the validity of the reopening of assessment under section 147.
What were the issues?
The key issue was the validity of the reassessment proceedings due to a non-application of mind by the prescribed authority while granting approval for reopening.
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
IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: “SMC” NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER ITA No.4965/Del/2026 Assessment Year: 2012-13 Sh. Sudesh Kumar Yadav, Vs. Income Tax Officer, H. No. 128, Golf Course Ward-4(3), Road, Sector -43, Gurgaon Chakarpur (74), Gurgaon PAN: AAZPY7697N (Appellant) (Respondent) Assessee by Sh. Vipul Gupta, Adv. Department by Sh. Manoj Kumar, Sr. DR Date of hearing 16.07.2026 Date of pronouncement 16.07.2026 ORDER This assessee’s appeal for assessment year 2012-13, arises against the Commissioner of Income Tax (Appeals)/Addl./JCIT(A)- 2, Lucknow’s order dated 31.12.2025 having DIN and order no. ITBA/APL/S/250/2025-26/1084268673(1), involving proceedings under section 147 r.w.s. 144 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused.
ITA No.4965/Del/2026
2 For the reasons stated in the assessee’s condonation averments, delay of 61 days in filing of the instant appeal is condoned 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 our attention to the prescribed authority’s section 151 approval dated 31.03.2019 to the Assessing Officer’s reopening proposal, wherein, he has recorded “Approved………” than having applied its independent mind thereupon (page 10 of the paper-book). 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 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 16th July, 2026
2 | P a g e
ITA No.4965/Del/2026
Sd/- (SATBEER SINGH GODARA) JUDICIAL MEMBER Dated: 30th July, 2026. RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi
3 | P a g e
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
Recent GST High Court judgments
Search GST case law →- Abd Maestro Private Limited vs. Great Galleon Ventures LTDDelhi · 3 Nov 2026
- Jangeer Singh Trading As Jangeer Singh Kabulshah Agriculture Works vs. Yogesh Jangid Trading As Jangid Agro Engineering & Anr.Delhi · 3 Nov 2026
- Rabindranath Behera vs. The Chief Commissioner, CT And GST, OdishaOrissa · 3 Nov 2026
- Dinesh Dash vs. State Of OdishaOrissa · 3 Nov 2026
- M/S.Ishwar Chandra Barik, Keonjhar vs. Commissioner(Appeal), GST, Central Excise And Customs, BhubaneswarOrissa · 3 Nov 2026