Pvt Ltd. v. ACIT

93 Taxmann.com 296High Court2018#1160 most cited

What is Pvt Ltd. v. ACIT authority for?

Approval granted by the Principal Chief Commissioner or Principal Commissioner under Section 151 for reassessment proceedings under Section 148 must reflect due application of mind. A mere endorsement of "approved" without reasons or reference to material is insufficient, as the approval serves as a safeguard and must be meaningful, not ritualistic or formal.

98

judgments rely on this decision, according to BharatTax’s citation analysis of 367,154 Indian tax judgments — from 2022 to 2026.

Also referred to as

SBC Minerals Pvt Ltd v ACIT · Section 151 approval · Section 148 reassessment notice · mechanical approval · application of mind · PCCIT satisfaction · Chief Commissioner approval · reassessment sanction · reasons for approval · income escaping assessment

Also reported as

475 ITR 360

Sections most often in play

Section 148Section 147Section 151Section 143(3)Section 142(1)Section 148A(d)Section 133ASection 37(1)

Issues it is cited on

principal chief commissioner of income-taxsection 148bsection 133(a)section 40(3)section 141section 282a(1)section 135asection 80ia(13)section 65asection 194laapproval under section 151section 147(b)

Judgments citing Pvt Ltd. v. ACIT

Govind Sharma, Mathura vs. ITO, Ward 1(3)(1), Mathura

In the result, the assessee’s appeal is allowed

ITA 428/AGR/2025[2015-16]Status: DisposedITAT Agra17 Apr 2026AY 2015-16
Section 10(38)Section 147Section 148Section 151Section 250Section 68

…ot be disturbed. 12. The substantial questions of law framed are answered in favour of the assessee and against the Revenue. The appeal is dismissed.” 5. The Hon’ble Delhi High Court in the recent decision in the case of SBC Minerals P Ltd vs ACIT reported in 475 ITR 360 (Del) had held as under:- “8. During arguments, learned counsel for the petitioner has restricted the challenge only to the grant of sanction under section 151 of the Act, stating that the same has been granted mechanically and without due application of mind, and therefore, the grant of sanction is liable to be declared as nullity and invalid, a…

Vipul Agrawal, Ghaziabad, Uttar Pradesh vs. ACIT, Ghaziabad, Uttar Pradesh

In the result, the appeal of the assessee is allowed

ITA 5066/DEL/2024[2012-13]Status: DisposedITAT Delhi27 Mar 2026AY 2012-13

Bench: Shri M. Balaganesh & Shri Sudhir Kumarvipul Agrawal, Vs. Acit, 35, Chandrapuri, Hapur Chungi, Up Hapur, Road, Up (Appellant) (Respondent) Pan: Abqpa6874P

For Appellant: Shri Manoj Kumar, CAFor Respondent: Shri Om Prakash, Sr. DR
Section 133(6)Section 143(3)Section 147Section 148Section 148ASection 151

…ot be disturbed. 12. The substantial questions of law framed are answered in favour of the assessee and against the Revenue. The appeal is dismissed.” 4. The Hon’ble Delhi High Court in the recent decision in the case of SBC Minerals P Ltd vs ACIT reported in 475 ITR 360 (Del) had held as under:- “8. During arguments, learned counsel for the petitioner has restricted the challenge only to the grant of sanction under section 151 of the Act, stating that the same has been granted mechanically and without due application of mind, and therefore, the grant of sanction is liable to be declared as nullity and invalid,…

Banarsi Lal, Firozabad vs. ITO 2(2)(1), Firozabad

In the result, the appeal of the assessee is allowed

ITA 317/AGR/2025[2014-2015]Status: DisposedITAT Agra20 Mar 2026AY 2014-2015

Bench: Us Challenging The Validity Of Assumption Of Jurisdiction U/S 147 Of The Act. These Additional Grounds Go To The Root Of The Matter & The Facts Relevant For Its Adjudication Are Placed On Record. Hence, We Admit The Additional Grounds & Take Up The Same First For Adjudication.

Section 147Section 148Section 151Section 250

…proforma while granting approval in terms of section 151 of the Act. This approval was held by the Hon’ble Delhi High court to be a mechanical approval. The Hon’ble Delhi High Court in the recent decision in the case of SBC Minerals P Ltd. vs ACIT reported in 475 ITR 360 (Del) had also held that similar kind of approval granted in a mechanical manner would vitiate the basic assumption of jurisdiction of the Ld. AO resulting in quashing of reassessment proceedings. Similar view was also taken by the Hon’ble Bombay High Court in the case of Vodafone India Ltd. vs DCIT reported in 464 ITR 385 (Bom). 4. Per Contra, t…

Sh. Randhir Singh, Sirsa vs. PCIT Rohtak, Rohtak

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 494/CHANDI/2024[2013-14]Status: DisposedITAT Chandigarh24 Feb 2026AY 2013-14

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

Section 143(3)Section 263

…1 of 2019), where in Hon’ble High Court has held as follows; … 11.4 On mechanical approval aspect of PCIT Central dated 28.06.2022 with only remarks “approved”, ld. Counsel again relied Hon’ble Delhi High court decision in case of SBC minerals Pvt Ltd vs ACIT 475 ITR 360, where the Hon’ble Court has held as follows; … 11.5 Reliance is placed by ld. Counsel on Hon’ble Bombay High Court decision in case of Saraswat Cooperative Bank Ltd vs ACIT 473 ITR 205, where the Hon’ble Court has held as follows; …. 11.6 Hon’ble Delhi High Court decision in case of The Pr. Commissioner of Income Tax-7 vs. Pioneer Town Planners…

Surjeet Singh, Sirsa vs. PCIT, Rohtak

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 488/CHANDI/2024[2018-19]Status: DisposedITAT Chandigarh24 Feb 2026AY 2018-19

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

Section 143(3)Section 263

…1 of 2019), where in Hon’ble High Court has held as follows; … 11.4 On mechanical approval aspect of PCIT Central dated 28.06.2022 with only remarks “approved”, ld. Counsel again relied Hon’ble Delhi High court decision in case of SBC minerals Pvt Ltd vs ACIT 475 ITR 360, where the Hon’ble Court has held as follows; … 11.5 Reliance is placed by ld. Counsel on Hon’ble Bombay High Court decision in case of Saraswat Cooperative Bank Ltd vs ACIT 473 ITR 205, where the Hon’ble Court has held as follows; …. 11.6 Hon’ble Delhi High Court decision in case of The Pr. Commissioner of Income Tax-7 vs. Pioneer Town Planners…

Sh. Paramjeet Singh, Sirsa vs. PCIT, Rohtak

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 290/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh24 Feb 2026AY 2018-19

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

Section 143(3)Section 263

…1 of 2019), where in Hon’ble High Court has held as follows; … 11.4 On mechanical approval aspect of PCIT Central dated 28.06.2022 with only remarks “approved”, ld. Counsel again relied Hon’ble Delhi High court decision in case of SBC minerals Pvt Ltd vs ACIT 475 ITR 360, where the Hon’ble Court has held as follows; … 11.5 Reliance is placed by ld. Counsel on Hon’ble Bombay High Court decision in case of Saraswat Cooperative Bank Ltd vs ACIT 473 ITR 205, where the Hon’ble Court has held as follows; …. 11.6 Hon’ble Delhi High Court decision in case of The Pr. Commissioner of Income Tax-7 vs. Pioneer Town Planners…

Dhuni Chand HUF, Sirsa vs. PCIT, Rohtak

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 289/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh24 Feb 2026AY 2018-19

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

Section 143(3)Section 263

…1 of 2019), where in Hon’ble High Court has held as follows; … 11.4 On mechanical approval aspect of PCIT Central dated 28.06.2022 with only remarks “approved”, ld. Counsel again relied Hon’ble Delhi High court decision in case of SBC minerals Pvt Ltd vs ACIT 475 ITR 360, where the Hon’ble Court has held as follows; … 11.5 Reliance is placed by ld. Counsel on Hon’ble Bombay High Court decision in case of Saraswat Cooperative Bank Ltd vs ACIT 473 ITR 205, where the Hon’ble Court has held as follows; …. 11.6 Hon’ble Delhi High Court decision in case of The Pr. Commissioner of Income Tax-7 vs. Pioneer Town Planners…

Sh. Kashmir Singh Sandha, Sirsa vs. PCIT, Rohtak

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 288/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh24 Feb 2026AY 2018-19

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

Section 143(3)Section 263

…1 of 2019), where in Hon’ble High Court has held as follows; … 11.4 On mechanical approval aspect of PCIT Central dated 28.06.2022 with only remarks “approved”, ld. Counsel again relied Hon’ble Delhi High court decision in case of SBC minerals Pvt Ltd vs ACIT 475 ITR 360, where the Hon’ble Court has held as follows; … 11.5 Reliance is placed by ld. Counsel on Hon’ble Bombay High Court decision in case of Saraswat Cooperative Bank Ltd vs ACIT 473 ITR 205, where the Hon’ble Court has held as follows; …. 11.6 Hon’ble Delhi High Court decision in case of The Pr. Commissioner of Income Tax-7 vs. Pioneer Town Planners…

M/S Ganesh Dass HUF, Sirsa vs. PCIT, Rohtak

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 287/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh24 Feb 2026AY 2018-19

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

Section 143(3)Section 263

…1 of 2019), where in Hon’ble High Court has held as follows; … 11.4 On mechanical approval aspect of PCIT Central dated 28.06.2022 with only remarks “approved”, ld. Counsel again relied Hon’ble Delhi High court decision in case of SBC minerals Pvt Ltd vs ACIT 475 ITR 360, where the Hon’ble Court has held as follows; … 11.5 Reliance is placed by ld. Counsel on Hon’ble Bombay High Court decision in case of Saraswat Cooperative Bank Ltd vs ACIT 473 ITR 205, where the Hon’ble Court has held as follows; …. 11.6 Hon’ble Delhi High Court decision in case of The Pr. Commissioner of Income Tax-7 vs. Pioneer Town Planners…

Sh. Arvail Singh, Sirsa vs. PCIT, Rohtak

In the result, all the above appeals filed by the respective assessee’s are dismissed

ITA 286/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh24 Feb 2026AY 2018-19

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

Section 143(3)Section 263

…1 of 2019), where in Hon’ble High Court has held as follows; … 11.4 On mechanical approval aspect of PCIT Central dated 28.06.2022 with only remarks “approved”, ld. Counsel again relied Hon’ble Delhi High court decision in case of SBC minerals Pvt Ltd vs ACIT 475 ITR 360, where the Hon’ble Court has held as follows; … 11.5 Reliance is placed by ld. Counsel on Hon’ble Bombay High Court decision in case of Saraswat Cooperative Bank Ltd vs ACIT 473 ITR 205, where the Hon’ble Court has held as follows; …. 11.6 Hon’ble Delhi High Court decision in case of The Pr. Commissioner of Income Tax-7 vs. Pioneer Town Planners…

Society for Advancement in Education, Mussoorie vs. ITO Exemption Dehradun, Dehradun

In the result, appeals of the assessee are allowed

ITA 220/DDN/2025[2011-12]Status: DisposedITAT Dehradun18 Feb 2026AY 2011-12

Bench: Yogesh Kumar U.S. & Shri Sanjay Awasthi

Section 143Section 143(3)Section 147Section 148Section 151Section 158

…valid approval. In fact, the approval in the instant case is apparently akin to the rubber stamping of "Yes "in the case of Central India Electric Supply.” 8. Further the Hon’ble Jurisdictional High Court in the case of SBC Minerals Pvt. Ltd. vs ACIT [2025] 475 ITR 360 (Del.), considering the various judicial precedents held as under:- 10. “Before considering the merits of the contentions of the parties, it would be apposite to examine the relevant legal framework. 11. Section 151 of the Act, as it stood prior to the substitution by Act 13 of 2001 is reproduced hereunder: "151. Sanction for issue of notice…

Society for Advancement in Education, Mussoorie vs. ITO Exemption Word Dehradun, Dehradun

In the result, appeals of the assessee are allowed

ITA 219/DDN/2025[2010-11]Status: DisposedITAT Dehradun18 Feb 2026AY 2010-11

Bench: Yogesh Kumar U.S. & Shri Sanjay Awasthi

Section 143Section 143(3)Section 147Section 148Section 151Section 158

…valid approval. In fact, the approval in the instant case is apparently akin to the rubber stamping of "Yes "in the case of Central India Electric Supply.” 8. Further the Hon’ble Jurisdictional High Court in the case of SBC Minerals Pvt. Ltd. vs ACIT [2025] 475 ITR 360 (Del.), considering the various judicial precedents held as under:- 10. “Before considering the merits of the contentions of the parties, it would be apposite to examine the relevant legal framework. 11. Section 151 of the Act, as it stood prior to the substitution by Act 13 of 2001 is reproduced hereunder: "151. Sanction for issue of notice…

Society for Advancement in Education, Mussoorie vs. ITO Exemption Word Dehradun, Dehradun

In the result, appeals of the assessee are allowed

ITA 218/DDN/2025[2009-10]Status: DisposedITAT Dehradun18 Feb 2026AY 2009-10

Bench: Yogesh Kumar U.S. & Shri Sanjay Awasthi

Section 143Section 143(3)Section 147Section 148Section 151Section 158

…valid approval. In fact, the approval in the instant case is apparently akin to the rubber stamping of "Yes "in the case of Central India Electric Supply.” 8. Further the Hon’ble Jurisdictional High Court in the case of SBC Minerals Pvt. Ltd. vs ACIT [2025] 475 ITR 360 (Del.), considering the various judicial precedents held as under:- 10. “Before considering the merits of the contentions of the parties, it would be apposite to examine the relevant legal framework. 11. Section 151 of the Act, as it stood prior to the substitution by Act 13 of 2001 is reproduced hereunder: "151. Sanction for issue of notice…

Vilas Polymer Private Limited, Hyderabad vs. DCIT, Central Circle-1(2), Hyderabad

In the result, all the six appeals i

ITA 1874/HYD/2025[2018-19]Status: DisposedITAT Hyderabad18 Feb 2026AY 2018-19

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita Nos.1870 To 1875/Hyd/2025 Assessment Years 2014-2015 To 2019-2020 Vilas Polymer Private The Dcit, Limited, Hyderabad. Central Circle-1(2), Vs. Pin – 500 090 Hyderabad – 500 004. Pan Aaacv9854A Telangana. (Appellant) (Respondent) िनधा"रती "ारा /Assessee By: Ca M V Prasad राज" व "ारा /Revenue By: Dr. Narendra Kumar Naik, Cit- Dr सुनवाई की तारीख/Date Of Hearing: 19.01.2026 घोषणा की तारीख/Pronouncement: 18.02.2026 आदेश/Order

For Appellant: CA M V PrasadFor Respondent: Dr. Narendra Kumar Naik, CIT-
Section 132Section 143(3)Section 148Section 149Section 149(1)(b)Section 151

…lowing case laws: i) CIT vs.S Goyanka Line & Chemical Ltd (2015) 56 Taxmann.com 390 (MP) ii) CIT vs.S Goyanka Line & Chemical Ltd (2015) 64 Taxmann.com 313 (SC) iii) United Electrical Co (P) Ltd vs. CIT (2002) 258 ITR iv) SBC Minerals (P) Ltd vs. ACIT (2024) 475 ITR 360 v) P Munirathnam Chetty and P Satyanarayana Chetty vs. Income Tax Officer (1975) 101 ITR 385 (AP). vi) Hon'ble Delhi High Court in the case of Pr. CIT vs. Pioneer Town Planners (P) Ltd in ITA No.91/2019 dated 20/02/2024 12 ITA.Nos.1870 to 1875/Hyd./2025 12. On the other hand, the learned DR has referred to the reasons given by the Pr. CIT (Centr…

Vilas Polymer Private Limited, Hyderabad vs. DCIT, Central Circle-1(2), Hyderabad.

In the result, all the six appeals i

ITA 1873/HYD/2025[2017-18]Status: DisposedITAT Hyderabad18 Feb 2026AY 2017-18

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.

For Appellant: CA M V PrasadFor Respondent: Dr. Narendra Kumar Naik, CIT-
Section 132Section 143(3)Section 148Section 149Section 149(1)(b)Section 151

…wing case laws: i) CIT vs.S Goyanka Line & Chemical Ltd (2015) 56 Taxmann.com 390 (MP) ti) CIT vs.S Goyanka Line & Chemical Ltd (2015) 64 Taxmann.com 313 (SC) tii) United Electrical Co (P) Ltd vs. CIT (2002) 258 ITR iv) SBC Minerals (P) Ltd vs. ACIT (2024) 475 ITR 360 v) P Munirathnam Chetty and P Satyanarayana Chetty vs. Income Tax Officer (1975) 101 ITR 385 (AP). vi) Hon'ble Delhi High Court in the case of Pr. CIT vs. Pioneer Town Planners (P) Ltd in ITA No.91/2019 dated 20/02/2024 12 ITA.Nos.1870 to 1875/Hyd./2025 12. On the other hand, the learned DR has referred to the reasons given by the Pr. CIT (Ce…

Vilas Polymer Private Limited, Hyderabad vs. DCIT, Central Circle-1(2), Hyderabad

In the result, all the six appeals i

ITA 1872/HYD/2025[2016-17]Status: DisposedITAT Hyderabad18 Feb 2026AY 2016-17

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita Nos.1870 To 1875/Hyd/2025 Assessment Years 2014-2015 To 2019-2020 Vilas Polymer Private The Dcit, Limited, Hyderabad. Central Circle-1(2), Vs. Pin – 500 090 Hyderabad – 500 004. Pan Aaacv9854A Telangana. (Appellant) (Respondent) िनधा"रती "ारा /Assessee By: Ca M V Prasad राज" व "ारा /Revenue By: Dr. Narendra Kumar Naik, Cit- Dr सुनवाई की तारीख/Date Of Hearing: 19.01.2026 घोषणा की तारीख/Pronouncement: 18.02.2026 आदेश/Order

For Appellant: CA M V PrasadFor Respondent: Dr. Narendra Kumar Naik, CIT-
Section 132Section 143(3)Section 148Section 149Section 149(1)(b)Section 151

…lowing case laws: i) CIT vs.S Goyanka Line & Chemical Ltd (2015) 56 Taxmann.com 390 (MP) ii) CIT vs.S Goyanka Line & Chemical Ltd (2015) 64 Taxmann.com 313 (SC) iii) United Electrical Co (P) Ltd vs. CIT (2002) 258 ITR iv) SBC Minerals (P) Ltd vs. ACIT (2024) 475 ITR 360 v) P Munirathnam Chetty and P Satyanarayana Chetty vs. Income Tax Officer (1975) 101 ITR 385 (AP). vi) Hon'ble Delhi High Court in the case of Pr. CIT vs. Pioneer Town Planners (P) Ltd in ITA No.91/2019 dated 20/02/2024 12 ITA.Nos.1870 to 1875/Hyd./2025 12. On the other hand, the learned DR has referred to the reasons given by the Pr. CIT (Centr…

Vilas Polymer Private Limited, Hyderabad vs. DCIT, Central Circle-1(2), Hyderabad

In the result, all the six appeals i

ITA 1870/HYD/2025[2014-15]Status: DisposedITAT Hyderabad18 Feb 2026AY 2014-15

Bench: Shri Vijay Pal Rao & Shri Manjunatha G.आ.अपी.सं /Ita Nos.1870 To 1875/Hyd/2025 Assessment Years 2014-2015 To 2019-2020 Vilas Polymer Private The Dcit, Limited, Hyderabad. Central Circle-1(2), Vs. Pin – 500 090 Hyderabad – 500 004. Pan Aaacv9854A Telangana. (Appellant) (Respondent) िनधा"रती "ारा /Assessee By: Ca M V Prasad राज" व "ारा /Revenue By: Dr. Narendra Kumar Naik, Cit- Dr सुनवाई की तारीख/Date Of Hearing: 19.01.2026 घोषणा की तारीख/Pronouncement: 18.02.2026 आदेश/Order

For Appellant: CA M V PrasadFor Respondent: Dr. Narendra Kumar Naik, CIT-
Section 132Section 143(3)Section 148Section 149Section 149(1)(b)Section 151

…lowing case laws: i) CIT vs.S Goyanka Line & Chemical Ltd (2015) 56 Taxmann.com 390 (MP) ii) CIT vs.S Goyanka Line & Chemical Ltd (2015) 64 Taxmann.com 313 (SC) iii) United Electrical Co (P) Ltd vs. CIT (2002) 258 ITR iv) SBC Minerals (P) Ltd vs. ACIT (2024) 475 ITR 360 v) P Munirathnam Chetty and P Satyanarayana Chetty vs. Income Tax Officer (1975) 101 ITR 385 (AP). vi) Hon'ble Delhi High Court in the case of Pr. CIT vs. Pioneer Town Planners (P) Ltd in ITA No.91/2019 dated 20/02/2024 12 ITA.Nos.1870 to 1875/Hyd./2025 12. On the other hand, the learned DR has referred to the reasons given by the Pr. CIT (Centr…

Vikas Chandra HUF, Aligarh vs. ITO Ward-4(1)(1), Aligarh

In the result, the appeal of the assessee is allowed

ITA 450/AGR/2025[2020-21]Status: DisposedITAT Agra21 Jan 2026AY 2020-21

Bench: Shri M. Balaganeshvikas Chandra Huf, Vs. Cit(Appeals), D-117, Ramesh Vihar, Nfac, Delhi Ramghar Road, Aligarh Up (Appellant) (Respondent) Pan: Aakjv9476N Assessee By : Shri Pankaj Garg, Adv Revenue By: Shri Anil Kumar, Sr. Dr Date Of Hearing 21/01/2026 Date Of Pronouncement 21/01/2026

For Appellant: Shri Pankaj Garg, AdvFor Respondent: Shri Anil Kumar, Sr. DR
Section 139(1)Section 147Section 148Section 148ASection 151

…t be disturbed. 12. The substantial questions of law framed are answered in favour of the assessee and against the Revenue. The appeal is dismissed.” 4. The Hon‟ble Delhi High Court in the recent decision in the case of SBC Minerals P Ltd vs ACIT reported in 475 ITR 360 (Del) had held as under:- “8. During arguments, learned counsel for the petitioner has restricted the challenge only to the grant of sanction under section 151 of the Act, stating that the same has been granted mechanically and without due application of mind, and therefore, the grant of sanction is liable to be declared as nullity and invalid,…

Anil Kumar Jain, New Delhi vs. Dy. Commissioner of Income Tax, Central Circle-26, Jhandewalan, New Delhi

In the result, the appeal of the assessee is allowed

ITA 475/DEL/2025[2013-14]Status: DisposedITAT Delhi16 Jan 2026AY 2013-14

Bench: SHRI YOGESH KUMAR U.S. (Judicial Member), SHRI MANISH AGARWAL (Accountant Member)

Section 143(1)Section 143(3)Section 147Section 148Section 151

…are hereby quashed and set aside." 26. Rule is made absolute in the aforesaid terms, and the writ petition is disposed of accordingly. There shall be no order as to costs.” 11. The Hon’ble Delhi High Court in the case of SBC Minerals Pvt. Ltd. vs ACIT [2025] 475 ITR 360 (Del.) has held as under: - 10. “Before considering the merits of the contentions of the parties, it would be apposite to examine the relevant legal framework. 11. Section 151 of the Act, as it stood prior to the substitution by Act 13 of 2001 is reproduced hereunder: "151. Sanction for issue of notice.-(1) No notice shall be issued under section…

Rakesh Divedi, Delhi vs. Income Tax Officer, Ward 43(6), Delhi

In the result, appeal of the Assessee is allowed

ITA 3290/DEL/2025[2009-10]Status: DisposedITAT Delhi09 Jan 2026AY 2009-10

Bench: Shri Sudhir Kumar & Shri Manish Agarwalrakesh Divedi, Income Tax Officer, 87, Triveni Apartments, Ward-43(6), Delhi. Pitampura, New Delhi - Vs. 110034. Pan-Apcpd9179A (Appellant) (Respondent) Shri Pranshu Singhal, Ca Assessee By & Ms. Mansi Jain, Adv. Department By Ms. Ankush Kalra, Sr. Dr Date Of Hearing 30/10/2025 Date Of Pronouncement 09/01/2026 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (‘Ld. Cit(A)’ In Short) Dated 07.03.2025 In Appeal No.40/10204/2018-19 Arising Out Of The Order Passed By The Income Tax Officer, Ward-40(3) U/S 143(3) Of The Act (‘The Act’ For Short) Dated 20.12.2016 For Assessment Year 2009-10. 2. Brief Facts Of The Case Are That Assessee Is An Individual & Proprietor Of M/S Triambkay Gauri Impex. The Information Was Received By The Ao From Investigation Wing That There Were Cash Deposits In The Bank Account Of The Assesse With Icici Bank, However, Income Of The Assessee & Gross Receipt Has Not Rakesh Divedi Vs. Income Tax Officer Commensurate With The Cash So Deposited, Therefore, After Recording The Reason U/S 147, Notice U/S 148 Was Issued On 31.03.2016 After Obtaining Statutory Approval From The Pcit. Thereafter, Assessment Was Completed Vide Order Dated 20.12.2016 Wherein Total Addition Of Rs. 5,20,88,345/- Was Made U/S 68 Of The Act For Cash Deposited In The Bank Accounts By Holding The Same As Unexplained Cash Credits. 3. Against The Said Order, Assessee Has Filed An Appeal Before Ld. Cit(A) Who Vide Impugned Order Has Partly Allowed The Appeal Of The Assessee & Directed The Ao To Make Addition Of Peak Credit Of The Total Deposits In The Bank Accounts.

Section 143(2)Section 143(3)Section 147Section 148Section 151Section 68

…ent are hereby quashed and set aside." 26. Rule is made absolute in the aforesaid terms, and the writ petition is disposed of accordingly. There shall be no order as to costs.” 16. Hon’ble Delhi High Court in the case of SBC Minerals Pvt. Ltd. vs ACIT [2025] 475 ITR 360 (Del.) has held as under:- 10. “Before considering the merits of the contentions of the parties, it would be apposite to examine the relevant legal framework. 11. Section 151 of the Act, as it stood prior to the substitution by Act 13 of 2001 is reproduced hereunder: "151. Sanction for issue of notice.- (1) No notice shall be issued under section…