CIT v. S. Goyanka Lime & Chemical Ltd.

64 Taxmann.com 313Supreme Court of India2015#226 most cited

What is CIT v. S. Goyanka Lime & Chemical Ltd. authority for?

A mechanical approval by the prescribed authority under Section 151, made without independent application of mind, vitiates and renders the entire reassessment proceedings invalid. Such approvals, often indicated by brief, unreasoned endorsements, lead to the quashing of the reopening of assessment.

340

judgments rely on this decision, according to BharatTax’s citation analysis of 366,369 Indian tax judgments — from 2016 to 2026.

Also referred to as

CIT v. S. Goyanka Lime & Chemical Ltd. · S. Goyanka Lime & Chemical Ltd. · Section 151 · Section 147 · Section 148 · mechanical approval · non-application of mind · sanctioning authority · approval for reopening · vitiates reopening · reassessment validity · Income Tax Act 1961

Also reported as

237 Taxmann 378453 ITR 242

Issues it is cited on

Judgments citing CIT v. S. Goyanka Lime & Chemical Ltd.

ITO, Ward-24(1), New Delhi vs. Soumya Tradecom Pvt Ltd (Erst. Soumya Infratech (P)Ltd.), Aligarh

In the result, the appeal of revenue is dismissed

ITA 1095/DEL/2021[2011-12]Status: DisposedITAT Delhi18 Jul 2023AY 2011-12

Bench: Shri Chandra Mohan Garg & M.Balaganeshassessment Year: 2011-12 Ito, Ward-24(1), New Delhi M/S Soumya Tradecom Pvt. Ltd., (Erst. Soumya Infratech (P) Ltd.,) Vs. Room No. 91, Devika Tower, Nehru Place, South Delhi, Delhi 110019 Pan Aalcs 1040 G (Appellant) (Respondent) For Assessee : Shri Sunil Kuamr Gupta, Ca Revenue For : Shri Raghunath, Sr. Dr Date Of Hearing : 04.05.2023 Date Of Pronouncement : 18.07.2023 Order Per Chandra Mohan Garg, J.M. This Appeal Has Been Filed Against The Order Cit(A)-28, New Delhi Dated 07.07.2020 For A.Y. 2011-12. 2. The Grounds Have Been Raised By The Revenue Are As Follows:- 1. "Whether, On The Facts & Circumstances Of The Case & Law, The Ld. Cit(A) Is Justified In Deleting The Addition Of Rs. 4,97,14,844/- Made On Account Of Share Application Mony & Share Capital." 2. "The Ld. Cit(A) Has Failed To Take Notice Of The Reason Recorded Wherein The Then Ao Had Mentioned Amount Of Rs. 4,43,84,8441- & While Framing Of Reason, The Ao Had Mentioned Escapement Of Income At Least Of Rs. 1,00,000/- Which Has Broader Prospective. 3. "The Ld. Cit(A) Has Failed To Appreciate That "Approved" Connotes That Competent Authority Has Read & Understood Fully The Proposal Proposed By Ao & He Is Satisfied That The Case Is Fir For Reopening Us 148 Of The I.T. Act." 4. "The Ld. Cit(A) Has Failed To Appreciate The Bogus Nature Of Transactions As The Assessee Company Did Not Provide Relevant Documents Before A To Establish The Genuineness Of The Transactions So Undertaken." 5. The Ld. Cit(A) Has Failed To Appreciate That Onus Of Proving Transaction As Bogus Nature On Ao Comes Only After Discharge Of Onus By Assessee By Giving All Relevant Documents Which Assessee Failed To Discharge During Assessment Proceedings. Application Of Revenue Seeking Condonation Of Delay Of 255 Days.

For Appellant: Shri Sunil Kuamr Gupta, CA
Section 151

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: H: NEW DELHI BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER AND M.BALAGANESH, ACCOUNTANT MEMBER Assessment Year: 2011-12 ITO, Ward-24(1), New Delhi M/s Soumya Tradecom Pvt. Ltd., (Erst. Soumya Infratech (P) Ltd.,) vs. Room No. 91, Devika Tower, Nehru Place, South Delhi, Delhi 110019 PAN AALCS 1040 G (Appellant) (Respondent) For Assessee : Shri Sunil Kuamr Gupta, CA Revenue For : Shri Raghunath, Sr. DR Date of Hearing : 04.05.2023 Date of Pronouncement : 18.07.2023 ORDER PER CHANDRA MOHAN GARG, J.M. This appeal has been filed against the order CIT(A)-28, New Delh…

M/S A J Coal Pvt Ltd., Mumbai vs. ITO 6 (1)(1), Mumbai

In the result, both the appeals of the assessee and the In the result, both the appeals of the assessee and the In the result, both the appeals of the assessee and the Revenue are dismissed

ITA 7289/MUM/2019[2009-10]Status: DisposedITAT Mumbai10 Jul 2023AY 2009-10

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2009-10 Ito-6(1)(1), M/S A.J. Coal Pvt. Ltd., Aayakar Bhavan, 24A, Coal Depot, Sewree (E), Vs. Room No. 503, 5Th Floor, M.K. Mumbai-400015. Road, New Marine Lines, Mumbai-400020. Pan No. Aabca 0386 M Appellant Respondent Assessment Year: 2009-10 M/S A.J. Coal Pvt. Ltd., Ito-6(1)(1), C/O M/S Jayesh Sanghrajka & Aayakar Bhavan, Room No. 503, Co. Llp, 405, Hind Rajasthan Vs. 5Th Floor, M.K. Road, New Marine Centre, Ds Phalke Road, Dadar Lines, Mumbai-400020. (East), Mumbai-400014. Pan No. Aabca 0386 M Appellant Respondent

For Appellant: Mr. Shubham Shah, ARFor Respondent: Ms. Indira Adakil, DR
Section 148Section 151

…baseless and dismissed. the reopening is not proper is baseless and dismissed.” 8.2 Before us the Ld. counsel Ld. counsel of the assessee referred to the referred to the case ofCIT Vs Goyanka Lime and Chemicals Ltd CIT Vs Goyanka Lime and Chemicals Ltd (2023) 453 ITR 242 (2023) 453 ITR 242 (SC) and submitted that the Commissioner has mechanically and submitted that the Commissioner has mechanically and submitted that the Commissioner has mechanically approved the reasons recorded without application of mind, approved the reasons recorded without application of mind, approved the reasons recorded without applicati…

ITO 6 (1)(1), Mumbai vs. M/S A J Coal Pvt Ltd., Mumbai

In the result, both the appeals of the assessee and the In the result, both the appeals of the assessee and the In the result, both the appeals of the assessee and the Revenue are dismissed

ITA 5718/MUM/2019[2009-10]Status: DisposedITAT Mumbai10 Jul 2023AY 2009-10

Bench: Shri Om Prakash Kant () & Ms. Kavitha Rajagopal () Assessment Year: 2009-10 Ito-6(1)(1), M/S A.J. Coal Pvt. Ltd., Aayakar Bhavan, 24A, Coal Depot, Sewree (E), Vs. Room No. 503, 5Th Floor, M.K. Mumbai-400015. Road, New Marine Lines, Mumbai-400020. Pan No. Aabca 0386 M Appellant Respondent Assessment Year: 2009-10 M/S A.J. Coal Pvt. Ltd., Ito-6(1)(1), C/O M/S Jayesh Sanghrajka & Aayakar Bhavan, Room No. 503, Co. Llp, 405, Hind Rajasthan Vs. 5Th Floor, M.K. Road, New Marine Centre, Ds Phalke Road, Dadar Lines, Mumbai-400020. (East), Mumbai-400014. Pan No. Aabca 0386 M Appellant Respondent

For Appellant: Mr. Shubham Shah, ARFor Respondent: Ms. Indira Adakil, DR
Section 148Section 151

…baseless and dismissed. the reopening is not proper is baseless and dismissed.” 8.2 Before us the Ld. counsel Ld. counsel of the assessee referred to the referred to the case ofCIT Vs Goyanka Lime and Chemicals Ltd CIT Vs Goyanka Lime and Chemicals Ltd (2023) 453 ITR 242 (2023) 453 ITR 242 (SC) and submitted that the Commissioner has mechanically and submitted that the Commissioner has mechanically and submitted that the Commissioner has mechanically approved the reasons recorded without application of mind, approved the reasons recorded without application of mind, approved the reasons recorded without applicati…