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Facts
The assessee's appeal for AY 2012-13 arises against the CIT(A)/NFAC order. The primary issue raised was the validity of the reopening of assessment.
Held
The Tribunal noted that the approval for reopening under section 151 of the Act was mechanical and not based on proper application of mind. Citing the Supreme Court's decision in CIT vs. S. Goyanka Lime and Chemical Ltd., the Tribunal held that such mechanical approval vitiates the entire reopening.
Key Issues
Whether the reopening of assessment was valid due to a mechanical approval from the prescribed authority under section 151 of the Income Tax Act?
Sections Cited
143(3), 147, 151
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Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
ORDER This assessee’s appeal for Assessment Year 2012-13 arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2024-25/1064352870(1) dated 25.04.2024, in proceedings u/s 143(3) r.w.s. 147 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. This tribunal’s attention is invited to the approval dated 26.03.2019 (page 11 & 12 in paper book) wherein the learned prescribed authority had accepted the Assessing Officer’s reopening proposal as “I am
Mohammad Parwaiz Akhtar satisfied.........”. This 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, I accept the instant legal ground in very terms. This reopening is quashed therefore.
All other pleadings on merits stand rendered academic.