DINESH KUMAR PUNDIR,SAHARANPUR vs. ITO, WARD- 3(1), SAHARANPUR

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ITA 4075/DEL/2018Status: DisposedITAT Delhi23 January 2020AY 2009-103 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the approval under Section 151 was granted prior to the recording of reasons, which is illegal and against the provisions of the Act. Consequently, the reassessment proceedings were quashed.

What were the facts?

The assessee's appeal was against an order dismissing their appeal before the CIT(A). The primary contention was that the approval for reassessment proceedings under Section 151 was obtained before the reasons for reassessment were recorded by the AO.

What were the issues?

Whether the reassessment proceedings are valid when the approval under Section 151 is obtained before the recording of reasons by the AO.

Which sections of the Income-tax Act were involved?

Section 151,Section 148,Section 147,Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH “FRIDAY/SMC”, NEW DELHI

Before: SHRI H.S. SIDHU

ORDER Assessee has filed the present appeal against the impugned order dated 27.3.2018 passed by the Ld. CIT(A), Muzaffrnagar relating to assessment year 2009-10.

2.

At the time of hearing, Ld. Counsel for the assessee only argued that the assessment in the case of the assessee was completed by the AO vide order dated 25.11.2016 passed u/s. 147/144 of the Income Tax Act, 1961 on account of undisclosed sources. Against the assessment order, assessee filed the appeal before the Ld. CIT(A) who vide his impugned order dated 27.3.2018 dismissed the appeal filed by the assessee on the legal as well as on merit without considering the documentary evidences filed by the assessee in the shape of Paper Book. He further argued that AO has recorded the reasons at page no. 9 of the Paper Book filed by the assessee on 03.10.2018 in which the Ld. Counsel for the assessee has argued on approval u/s. 151 of the I.T. Act which has been taken on 28.3.2016 whereas the reasons have been recorded by the AO on 30.3.2016, which is against the provisions of section 151 of the Act as the approval of the concerned authority as per section 151 of the Act should be after the reasons recorded by the AO whereas in the instant case the approval u/s. 151 of the Act has been taken prior to the reasons recorded which is illegal, against the law and without jurisdiction. Therefore, he requested that the assessment may be quashed and the orders of the revenue authorities may be cancelled by allowing the appeal of the assessee.

3.

Ld. DR relied upon the orders of the authorities below.

4.

I have heard both the parties and perused the orders of the revenue authorities and perused the Paper Book especially the page no. 9 which is a copy of the reasons recorded. I find that in this case the approval u/s. 151 was granted on 28.03.2016 without recording the reasons and that too prior to recording the reasons, which is against the provisions of section 151 of the Act. Because the approval of the concerned authority as per section 151 of the Act should be after the reasons recorded by the AO whereas in the instant case the approval u/s. 151 of the Act has been taken prior to the reasons recorded which is illegal, against the law and without jurisdiction and shows that approving authority has not applied his mind and given the approval in an arbitrary manner on non-existence of the reasons, which is not permissible u/s. 151 of the I.T. Act, 1961. Even otherwise, the notice issued u/s. 148 of the Act was not in accordance with law and the same deserve to be dismissed.

4.1 Keeping in view of the facts and circumstances of the case and as per the provisions of section 151 of the Act, the approval granted by the competent authority u/s. 151 of the Act and thereafter issue of notice u/s. 148 of the Act is not in accordance with law , hence on this account the reassessment is hereby quashed.

5.

In the result, the Assessee’s Appeal assessee stands allowed.

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