RAJESH GUPTA,DELHI vs. ITO, UTTAR PRADESH
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 noted that the approval for reopening was mechanical and did not reflect due consideration of the reasons. Citing the Supreme Court's decision in CIT vs. S. Goyanka Lime and Chemical Ltd., the Tribunal held that such mechanical approval vitiates the reopening.
What were the facts?
The assessee filed an appeal against the order of the CIT(A)/NFAC for AY 2017-18, arising from proceedings under section 147 read with section 144 of the Income Tax Act, 1961. The primary issue was the validity of the reopening due to a lack of a valid approval from the prescribed authority under section 151 of the Act.
What were the issues?
Whether the reopening of assessment was valid when the approval by the prescribed authority was mechanical and lacked proper application of mind.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
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- CIT v. S. Goyanka Lime & Chemical Ltd.340 citing453 ITR 242 · 2015 · SC
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
ORDER This assessee’s appeal for Assessment Year 2017-18 arises against the CIT(A)/NFAC, Delhi’s DIN & order No. ITBA/NFAC/S/250/2025-26/1081279200(1) dated 29.09.2025, in proceedings u/s 147 r.w.s. 144 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 25.03.2021 (page 107 in paper book) wherein the learned prescribed authority had accepted the Assessing
Rajesh Gupta Officer’s reopening proposal as “Yes, in view of the reasons............”. 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.
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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