SONIA,SONIPAT vs. ITO,WARD-4, SONIPAT
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 was invalid because the approval from the prescribed authority under Section 151(2) was mechanical and generic, covering multiple cases without specific application to the assessee's case. Consequently, the assessment was quashed.
What were the facts?
The assessee's appeal for AY 2015-16 challenged the reopening of assessment under Section 147 of the Income Tax Act. The primary issue was the validity of the reopening process.
What were the issues?
The key issue was the validity of the reopening of assessment due to a mechanical and non-specific approval by the prescribed authority.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Collector, Land Acquisition v. Mst. Katiji3,926 citing167 ITR 471 · 1987 · SC
- CIT v. S. Goyanka Lime & Chemical Ltd.340 citing64 Taxmann.com 313 · 2015 · SC
Income Tax Appellate Tribunal, DELHI BENCH: “SMC” NEW DELHI
Before: SHRI SATBEER SINGH GODARA
ORDER This assessee’s appeal for assessment year 2015-16, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2024-25/1069267307(1), dated 30.09.2024, involving proceedings under section 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’). Heard both the parties. Case file perused.
For the reasons stated in the assesses’s condonation averments, delay of 133 days in filing of instant appeal is hereby condoned 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 our attention to the prescribed authority’s section 151(2) approval to the Assessing Officer’s reopening proposal, wherein, he has recorded “On careful perusal of information received……….the case from sl. No. 1 to 11 as listed in the annexure enclosed are hereby approved for actions u/s 147/148 of the Income Tax Act, 1961””.
Learned counsel’s case accordingly is that the impugned reopening itself is invalid since based on a mere mechanical and common approval of the said prescribed authority in eleven cases. We make it clear that the foregoing clinching fact of the competent authority’s mechanical approval has indeed gone unrebutted from the department side. We thus quote CIT Vs. S. Goyanka Lime and Chemical Pvt. Ltd. (2015) 64 taxmann.com 313 (SC) to quash the assessment. Ordered accordingly.
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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