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“non-application of mind”

ReassessmentSection 147Section 1472,166 judgments

The decision most relied on for non-application of mind is CIT v. Max India Ltd. (295 ITR 282), cited in 1,162 judgments on BharatTax.

Leading authorities on non-application of mind

CIT v. Max India Ltd.
295 ITR 282 · 2007 · Supreme Court
1,162
citing judgments

Under Section 263, an assessment order is not erroneous and prejudicial to the interest of the revenue merely because the Principal Commissioner disagrees with the Assessing Officer's (AO) view, particularly if the AO has adopted one of two permissible views in law, unless that view is completely unsustainable. If due inquiries were made, the AO's order does not become erroneous solely because the fact of inquiries was not recorded.

CIT v. Gabriel India Ltd.
203 ITR 108 · 1993 · High Court
990
citing judgments

The Commissioner cannot revise an assessment order under Section 263 merely because they hold a different opinion or believe a deeper inquiry was warranted if the Assessing Officer has applied their mind and conducted some inquiry. Revision under Section 263 is permissible only in cases of a complete lack of inquiry or non-application of mind by the Assessing Officer, not for merely inadequate inquiry.

Dilip N. Shroff v. JCIT
291 ITR 519 · 2007 · Supreme Court
565
citing judgments

A penalty notice issued under Section 271(1)(c) is invalid if the Assessing Officer fails to strike out the inapplicable limb (concealment or furnishing inaccurate particulars) from the standard proforma, indicating non-application of mind. The initial burden of proving concealment or inaccurate particulars rests on the Revenue.

CIT v. Manu Engg
122 ITR 306 · 1980 · High Court
505
citing judgments

When levying a penalty under Section 271(1)(c), the Assessing Officer must clearly specify whether it is for concealment of income or furnishing inaccurate particulars. An ambiguous notice or order using "and/or" for these limbs, or a standard proforma without striking irrelevant clauses, indicates non-application of mind and renders the penalty unsustainable.

CIT v. Shri Samson Perinchery
392 ITR 4 · 2017 · High Court
417
citing judgments

A penalty levied under section 271(1)(c) of the Income-tax Act is unsustainable if it is initiated on one limb (e.g., concealment of income) but ultimately levied on the other limb (e.g., furnishing inaccurate particulars). This also applies if the initial penalty notice is vague or ambiguous regarding the specific charge.

CIT v. S. Goyanka Lime & Chemical Ltd.
64 Taxmann.com 313 · 2015 · Supreme Court
340
citing judgments

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.

222 Taxman 15 (Gujarat)(MAG.), Principal Commissioner of Income-tax-4 v. G & G Pharma India Ltd.
384 ITR 147 · 2016 · High Court
274
citing judgments

An assessment can be reopened if there is tangible material indicating escapement of income, demonstrating a live link between the material and the reasons recorded for reopening. The Assessing Officer must apply their mind to the material facts, and the sanction under section 151 should not be based on borrowed satisfaction.

CIT v. Mithila Motor's (P.) Ltd.
149 ITR 751 · 1984 · High Court
248
citing judgments

Minor defects or mistakes in a penalty notice issued under Section 274 do not invalidate penalty proceedings under Section 271(1)(c) if the assessee suffers no prejudice and is aware of the charge. However, significant vagueness or ambiguity that demonstrates non-application of mind or causes prejudice can still render the notice invalid.

Judgments citing non-application of mind

Celestial Vision Limited, Bvi vs. Assisstant Commissioner of Income Tax Int Tax Circle 2(1)(1), Mumbai

Appeal is allowed for statistical purposes

ITA 1625/MUM/2025[2022-23]Status: DisposedITAT Mumbai24 Sept 2025AY 2022-23

Bench: Smt. Beena Pillai & Smt. Renu Jauhriआयकर अपील सं./Ita No.1625/Mum/2025 (निर्धारण वर्ा/Assessment Year: 2022-23) Celestial Vision V/S. Assistant Commissioner Of Limited बिधम Income Tax Circle 2(1)(1) Po Box No. 146, Road 604, Kautilya Bhawan, G Block, Town, Tortola, British Bandra Kurla Complex, Bandra Virgin Islands (East)400051. 111000. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No: Aaicc1160A Appellant/अपीलधथी .. Respondent/प्रनिवधदी निर्धाररिी की ओर से /Assessee By: Shri. Vipul J. Shah-Adv. रधजस्व की ओर से /Revenue By: Shri Krishna Kumar Sr Dr सुिवधई की िधरीख / Date Of Hearing 05.08.2025 घोर्णध की िधरीख/Date Of Pronouncement 24.09.2025

For Appellant: Shri. Vipul J. Shah-AdvFor Respondent: Shri Krishna Kumar SR DR
Section 115ASection 144C(5)Section 44BSection 9(1)(vi)

failed to consider and adjudicate upon the specific grounds raised by the Appellant in the application. The impugned directions demonstrate a clear non-application of mind and a disregard for the Appellant's submissions. This failure to address the core issues raised by the Appellant renders the DRP's directions ... argued that the AO/DRP have decided the issue which was not raised by the assessee and the directions issued by DRP show clear non-application of mind. Specifically, with regard to Ground No. 1,2 & 3 raising legal issues, Ld. AR has argued that the AO/ DRP have not addressed

Raghvender Shankar Finance & Investment Company Private Limted, New Delhi vs. ITO Ward-15(1), New Delhi

The appeals of the assessee are allowed

ITA 8572/DEL/2019[2006-07]Status: DisposedITAT Delhi24 Sept 2025AY 2006-07

Bench: Shri Anubhav Sharma & Shri Krinwant Sahay, Accountnat Member [Assessment Year: 2009-10] M/S Singhal Fasteners Dy. Commissioner Of Income Tax, Company Pvt. Ltd. Circle-24(2), Room No.248, 67-68, Rampuri, Govind Puri, Vs C.R. Building, Kalkaji, New Delhi-110019 New Delhi-110002 Pan-Aaacs1428H Appellant Respondent [Assessment Year: 2009-10] M/S Shankar Radhey Finance Income Tax Officer & Investment Company Ward-23(1), Private Limited, Vs New Delhi-110002 Ag-5, Shalimar Bagh, New Delhi-110088 Pan-Aabcs0968H Appellant Respondent [Assessment Year: 2006-07] M/S Raghvender Shankar Income Tax Officer, Finance & Investment Ward-15(1), Company Private Limited, Vs New Delhi-110002 Ag-5, Shalimar Bagh, New Delhi-110052 Pan-Aabcs0968H Appellant Respondent Assessee By Shri Abhishek Mathur, Ca Revenue By Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 27.08.2025 Date Of Pronouncement 24.09.2025

Section 143(1)Section 147Section 148

before us, the additional grounds have taken that the reopening is bad in law for fundamental reasons that there was non-application of mind in view of the fact that Shri Aseem Kumar Guptra had retracted the statement well before issuance of reopening notices in the case of these assessee ... reopening of the assessment and whatever reasons were recorded are found to be wrong, incorrect and non-existing. Thus, there is a total non-application of mind on the part of the A.O. while recording the reasons for reopening of the assessment. …..” 5. As a consequence of the aforesaid discussion

Shankar Radhey Finance & Investment Co. Pvt. Ltd., New Delhi vs. ITO Ward 23(1), New Delhi

The appeals of the assessee are allowed

ITA 1067/DEL/2019[2009-10]Status: DisposedITAT Delhi24 Sept 2025AY 2009-10

Bench: Shri Anubhav Sharma & Shri Krinwant Sahay, Accountnat Member [Assessment Year: 2009-10] M/S Singhal Fasteners Dy. Commissioner Of Income Tax, Company Pvt. Ltd. Circle-24(2), Room No.248, 67-68, Rampuri, Govind Puri, Vs C.R. Building, Kalkaji, New Delhi-110019 New Delhi-110002 Pan-Aaacs1428H Appellant Respondent [Assessment Year: 2009-10] M/S Shankar Radhey Finance Income Tax Officer & Investment Company Ward-23(1), Private Limited, Vs New Delhi-110002 Ag-5, Shalimar Bagh, New Delhi-110088 Pan-Aabcs0968H Appellant Respondent [Assessment Year: 2006-07] M/S Raghvender Shankar Income Tax Officer, Finance & Investment Ward-15(1), Company Private Limited, Vs New Delhi-110002 Ag-5, Shalimar Bagh, New Delhi-110052 Pan-Aabcs0968H Appellant Respondent Assessee By Shri Abhishek Mathur, Ca Revenue By Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 27.08.2025 Date Of Pronouncement 24.09.2025

Section 143(1)Section 147Section 148

before us, the additional grounds have taken that the reopening is bad in law for fundamental reasons that there was non-application of mind in view of the fact that Shri Aseem Kumar Guptra had retracted the statement well before issuance of reopening notices in the case of these assessee ... reopening of the assessment and whatever reasons were recorded are found to be wrong, incorrect and non-existing. Thus, there is a total non-application of mind on the part of the A.O. while recording the reasons for reopening of the assessment. …..” 5. As a consequence of the aforesaid discussion

Singhal Fastners Co. P.Ltd, New Delhi vs. ITO, Ward-24(2), New Delhi

The appeals of the assessee are allowed

ITA 1066/DEL/2019[2009-10]Status: DisposedITAT Delhi24 Sept 2025AY 2009-10

Bench: Shri Anubhav Sharma & Shri Krinwant Sahay, Accountnat Member [Assessment Year: 2009-10] M/S Singhal Fasteners Dy. Commissioner Of Income Tax, Company Pvt. Ltd. Circle-24(2), Room No.248, 67-68, Rampuri, Govind Puri, Vs C.R. Building, Kalkaji, New Delhi-110019 New Delhi-110002 Pan-Aaacs1428H Appellant Respondent [Assessment Year: 2009-10] M/S Shankar Radhey Finance Income Tax Officer & Investment Company Ward-23(1), Private Limited, Vs New Delhi-110002 Ag-5, Shalimar Bagh, New Delhi-110088 Pan-Aabcs0968H Appellant Respondent [Assessment Year: 2006-07] M/S Raghvender Shankar Income Tax Officer, Finance & Investment Ward-15(1), Company Private Limited, Vs New Delhi-110002 Ag-5, Shalimar Bagh, New Delhi-110052 Pan-Aabcs0968H Appellant Respondent Assessee By Shri Abhishek Mathur, Ca Revenue By Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 27.08.2025 Date Of Pronouncement 24.09.2025

Section 143(1)Section 147Section 148

before us, the additional grounds have taken that the reopening is bad in law for fundamental reasons that there was non-application of mind in view of the fact that Shri Aseem Kumar Guptra had retracted the statement well before issuance of reopening notices in the case of these assessee ... reopening of the assessment and whatever reasons were recorded are found to be wrong, incorrect and non-existing. Thus, there is a total non-application of mind on the part of the A.O. while recording the reasons for reopening of the assessment. …..” 5. As a consequence of the aforesaid discussion

Nks Holdings P.Ltd, New Delhi vs. ACIT, Central Circle-32, New Delhi

ITA 6690/DEL/2018[2011-12]Status: DisposedITAT Delhi24 Sept 2025AY 2011-12

Bench: Shri Anubhav Sharma & Shri Amitabh Shuklaassessment Year: 2011-12 Nks Holdings Pvt. Ltd., Vs Acit, 3198/15, 4Th Floor, Gali No.1, Central Circle-32, Sangatrashan, New Delhi. Paharganj, New Delhi – 110 055. Pan: Aakcs7827C (Appellant) (Respondent) Assessee By : Shri Amol Sinha, Advocate & Shri Ankit Kumar, Advocate Revenue By : Ms Rajinder Kaur, Cit-Dr Date Of Hearing : 28.07.2025 Date Of Pronouncement : 24.09.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 10.08.2018 Of The Commissioner Of Income-Tax (Appeals)-30, New Delhi (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeal No.317/17-18/2980 Arising Out Of The Appeal Before It Against The Order Dated 28.12.2017 Passed U/S 144/147 Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Acit, Central Circle-32, New Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Amol Sinha, Advocate &For Respondent: Ms Rajinder Kaur, CIT-DR
Section 143(1)Section 143(2)Section 144Section 147Section 148Section 68

proper please be directed. Appellant Pray accordingly.” 3. The ld. counsel for the assessee has primarily argued on the fact that there was non-application of mind at the time of reopening of the assessment and the so-called information which was made the basis for reopening was merely

Vasudev Garg, Faridabad vs. DCIT Central Circle 1 Faridabad, Faridabad

ITA 3176/DEL/2025[2019-20]Status: DisposedITAT Delhi22 Sept 2025AY 2019-20

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahmanita No. 3169/Del/2025 : Asstt. Year : 2012-13 Ita No. 3170/Del/2025 : Asstt. Year : 2013-14 Ita No. 3171/Del/2025 : Asstt. Year : 2014-15 Ita No. 3172/Del/2025 : Asstt. Year : 2015-16 Ita No. 3173/Del/2025 : Asstt. Year : 2016-17 Ita No. 3174/Del/2025 : Asstt. Year : 2017-18 Ita No. 3175/Del/2025 : Asstt. Year : 2018-19 Ita No. 3176/Del/2025 : Asstt. Year : 2019-20 Vasudev Garg, Vs Dcit, Fca 50, Mukesh Colony, Ballabgarh, Central Circle-1, Faridabad, Haryana-121004 Faridabad, Haryana-121001 (Appellant) (Respondent) Pan No. Aflpg8975Q Assessee By : Dr. Rakesh Gupta, Adv. & Sh. Somil Agarwal, Adv. Revenue By : Sh. Dayainder Singh Sidhu, Cit-Dr Date Of Hearing: 22.09.2025 Date Of Pronouncement: 22.09.2025 Order Per Satbeer Singh Godara: The Assessee’S Eight Appeals

For Appellant: Dr. Rakesh Gupta, Adv. &For Respondent: Sh. Dayainder Singh Sidhu, CIT-DR
Section 143(3)Section 153ASection 153DSection 254(1)

demonstrate that such approval was granted mechanically or without application of mind. The burden of proof lies on the assessee to positively establish non-application of mind, which has not been discharged. 2. Findings Recorded in Approval Order  The approval granted by the Addl. CIT, Central Range, Gurugram dated ... duly verified before the passing of the draft assessment order.  These categorical findings recorded in the approval order itself dispel the allegation of non-application of mind. They demonstrate that the Addl. CIT not only examined the draft order but also satisfied himself safeguards. 3. Seized Material Forms Integral Part

Vasudev Garg, Faridabad vs. DCIT Central Circle 1 Faridabad, Faridabad

ITA 3175/DEL/2025[2018-19]Status: DisposedITAT Delhi22 Sept 2025AY 2018-19

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahmanita No. 3169/Del/2025 : Asstt. Year : 2012-13 Ita No. 3170/Del/2025 : Asstt. Year : 2013-14 Ita No. 3171/Del/2025 : Asstt. Year : 2014-15 Ita No. 3172/Del/2025 : Asstt. Year : 2015-16 Ita No. 3173/Del/2025 : Asstt. Year : 2016-17 Ita No. 3174/Del/2025 : Asstt. Year : 2017-18 Ita No. 3175/Del/2025 : Asstt. Year : 2018-19 Ita No. 3176/Del/2025 : Asstt. Year : 2019-20 Vasudev Garg, Vs Dcit, Fca 50, Mukesh Colony, Ballabgarh, Central Circle-1, Faridabad, Haryana-121004 Faridabad, Haryana-121001 (Appellant) (Respondent) Pan No. Aflpg8975Q Assessee By : Dr. Rakesh Gupta, Adv. & Sh. Somil Agarwal, Adv. Revenue By : Sh. Dayainder Singh Sidhu, Cit-Dr Date Of Hearing: 22.09.2025 Date Of Pronouncement: 22.09.2025 Order Per Satbeer Singh Godara: The Assessee’S Eight Appeals

For Appellant: Dr. Rakesh Gupta, Adv. &For Respondent: Sh. Dayainder Singh Sidhu, CIT-DR
Section 143(3)Section 153ASection 153DSection 254(1)

demonstrate that such approval was granted mechanically or without application of mind. The burden of proof lies on the assessee to positively establish non-application of mind, which has not been discharged. 2. Findings Recorded in Approval Order  The approval granted by the Addl. CIT, Central Range, Gurugram dated ... duly verified before the passing of the draft assessment order.  These categorical findings recorded in the approval order itself dispel the allegation of non-application of mind. They demonstrate that the Addl. CIT not only examined the draft order but also satisfied himself safeguards. 3. Seized Material Forms Integral Part

Vasudev Garg, Faridabad vs. DCIT Central Circle 1 Faridabad, Faridabad

ITA 3174/DEL/2025[2017-18]Status: DisposedITAT Delhi22 Sept 2025AY 2017-18

Bench: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahmanita No. 3169/Del/2025 : Asstt. Year : 2012-13 Ita No. 3170/Del/2025 : Asstt. Year : 2013-14 Ita No. 3171/Del/2025 : Asstt. Year : 2014-15 Ita No. 3172/Del/2025 : Asstt. Year : 2015-16 Ita No. 3173/Del/2025 : Asstt. Year : 2016-17 Ita No. 3174/Del/2025 : Asstt. Year : 2017-18 Ita No. 3175/Del/2025 : Asstt. Year : 2018-19 Ita No. 3176/Del/2025 : Asstt. Year : 2019-20 Vasudev Garg, Vs Dcit, Fca 50, Mukesh Colony, Ballabgarh, Central Circle-1, Faridabad, Haryana-121004 Faridabad, Haryana-121001 (Appellant) (Respondent) Pan No. Aflpg8975Q Assessee By : Dr. Rakesh Gupta, Adv. & Sh. Somil Agarwal, Adv. Revenue By : Sh. Dayainder Singh Sidhu, Cit-Dr Date Of Hearing: 22.09.2025 Date Of Pronouncement: 22.09.2025 Order Per Satbeer Singh Godara: The Assessee’S Eight Appeals

For Appellant: Dr. Rakesh Gupta, Adv. &For Respondent: Sh. Dayainder Singh Sidhu, CIT-DR
Section 143(3)Section 153ASection 153DSection 254(1)

demonstrate that such approval was granted mechanically or without application of mind. The burden of proof lies on the assessee to positively establish non-application of mind, which has not been discharged. 2. Findings Recorded in Approval Order  The approval granted by the Addl. CIT, Central Range, Gurugram dated ... duly verified before the passing of the draft assessment order.  These categorical findings recorded in the approval order itself dispel the allegation of non-application of mind. They demonstrate that the Addl. CIT not only examined the draft order but also satisfied himself safeguards. 3. Seized Material Forms Integral Part