NARESH KUMAR JAIN,DELHI vs. DCIT, CENTRAL CIRCLE-26, DELHI

PER SATBEER SINGH GODARA, JM

This assessee’s appeal for assessment year 2017-18 arises against the Commissioner of Income Tax (Appeals)-29 [in short, the “CIT(A)”], New Delhi’s order dated 21.01.2025 passed in case no.
CIT(A), Delhi-29, 10629/2016-17, involving proceedings under Assessee by Ms. Shilpi Jain, CA
Ms. Shilpi Sawariya, Adv.
Department by Sh. Manish Gupta, Sr. DR
Date of hearing
20.11.2025
Date of pronouncement
20.11.2025
2 | P a g e section 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

Heard both the parties. Case file perused.
2. 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 30th March, 2021 to the Assessing Officer’s reopening proposal, wherein, he has recorded “yes, I am satisfied……….” than having applied it's independent mind thereupon.
3. Learned counsel’s case accordingly is that the impugned reopening itself is invalid since based on a mere mechanical approval of the said prescribed authority. We make it clear that the foregoing clinching fact of the competent authority’s mechanical approval has indeed gone unrebutted from the department side.
3 | P a g e

Dated: 26th November, 2025. RK/-