← All Phrases

“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

Hitesh Golchha, Raipur vs. Assistant Commissioner of Income Tax, Central Circle-1, Raipur

Appeals of the assessee are partly allowed, in terms of our observations herein above

ITA 104/RPR/2022[2017-18]Status: DisposedITAT Raipur02 Nov 2023AY 2017-18

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं./Ita Nos.101, 102, 103 & 104/Rpr/2022 (िनधा"रण वष" /Assessment Years: 2014-15, 2015-16, 2016-17 & 2017-18) V. Hitesh Golchha Acit, Prop. Of Mouli Investment, Central Circle-1 Jeevan Ganga, Near Dani Bada, Raipur Budha Para, Raipur – 492 001 Chhattisgarh [Pan: Agjpg 7698 F] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri B. Subramanyam, C.A. ""यथ" क" ओर से /Respondent By : Shri S. K. Meena, Cit-D.R. सुनवाई क" तार"ख/Date Of Hearing : 13.09.2023 घोषणा क" तार"ख /Date Of Pronouncement : 02.11.2023

For Appellant: Shri B. Subramanyam, C.AFor Respondent: Shri S. K. Meena, CIT-D.R
Section 153ASection 263Section 43C

submissions made before Ld. AO. However, the Ld. PCIT has after considering the overall and concluded that No enquiry on the issues or non-application of mind for reaching any conclusion would lead to held the order erroneous so far as prejudicial to the interest of revenue. On the basis ... assessment records of Ld. AO and submissions made before Ld. PCIT, conclusion drawn of No enquiry and non-application of mind by the Ld. AO is not factually correct. 2.2 The issue with respect to applicability of section 43CA and 50C was raised by the Ld. AO vide notice date

Hitesh Golchha, Raipur vs. Assistant Commissioner of Income Tax, Central Circle-1, Raipur

Appeals of the assessee are partly allowed, in terms of our observations herein above

ITA 103/RPR/2022[2016-17]Status: DisposedITAT Raipur02 Nov 2023AY 2016-17

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं./Ita Nos.101, 102, 103 & 104/Rpr/2022 (िनधा"रण वष" /Assessment Years: 2014-15, 2015-16, 2016-17 & 2017-18) V. Hitesh Golchha Acit, Prop. Of Mouli Investment, Central Circle-1 Jeevan Ganga, Near Dani Bada, Raipur Budha Para, Raipur – 492 001 Chhattisgarh [Pan: Agjpg 7698 F] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri B. Subramanyam, C.A. ""यथ" क" ओर से /Respondent By : Shri S. K. Meena, Cit-D.R. सुनवाई क" तार"ख/Date Of Hearing : 13.09.2023 घोषणा क" तार"ख /Date Of Pronouncement : 02.11.2023

For Appellant: Shri B. Subramanyam, C.AFor Respondent: Shri S. K. Meena, CIT-D.R
Section 153ASection 263Section 43C

submissions made before Ld. AO. However, the Ld. PCIT has after considering the overall and concluded that No enquiry on the issues or non-application of mind for reaching any conclusion would lead to held the order erroneous so far as prejudicial to the interest of revenue. On the basis ... assessment records of Ld. AO and submissions made before Ld. PCIT, conclusion drawn of No enquiry and non-application of mind by the Ld. AO is not factually correct. 2.2 The issue with respect to applicability of section 43CA and 50C was raised by the Ld. AO vide notice date

Hitesh Golchha, Raipur vs. Assistant Commissioner of Income Tax, Central Circle-1, Raipur

Appeals of the assessee are partly allowed, in terms of our observations herein above

ITA 102/RPR/2022[2015-16]Status: DisposedITAT Raipur02 Nov 2023AY 2015-16

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं./Ita Nos.101, 102, 103 & 104/Rpr/2022 (िनधा"रण वष" /Assessment Years: 2014-15, 2015-16, 2016-17 & 2017-18) V. Hitesh Golchha Acit, Prop. Of Mouli Investment, Central Circle-1 Jeevan Ganga, Near Dani Bada, Raipur Budha Para, Raipur – 492 001 Chhattisgarh [Pan: Agjpg 7698 F] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri B. Subramanyam, C.A. ""यथ" क" ओर से /Respondent By : Shri S. K. Meena, Cit-D.R. सुनवाई क" तार"ख/Date Of Hearing : 13.09.2023 घोषणा क" तार"ख /Date Of Pronouncement : 02.11.2023

For Appellant: Shri B. Subramanyam, C.AFor Respondent: Shri S. K. Meena, CIT-D.R
Section 153ASection 263Section 43C

submissions made before Ld. AO. However, the Ld. PCIT has after considering the overall and concluded that No enquiry on the issues or non-application of mind for reaching any conclusion would lead to held the order erroneous so far as prejudicial to the interest of revenue. On the basis ... assessment records of Ld. AO and submissions made before Ld. PCIT, conclusion drawn of No enquiry and non-application of mind by the Ld. AO is not factually correct. 2.2 The issue with respect to applicability of section 43CA and 50C was raised by the Ld. AO vide notice date

Hitesh Golchha, Raipur vs. Assistant Commissioner of Income Tax, Circle-1, Raipur

Appeals of the assessee are partly allowed, in terms of our observations herein above

ITA 101/RPR/2022[2014-15]Status: DisposedITAT Raipur02 Nov 2023AY 2014-15

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं./Ita Nos.101, 102, 103 & 104/Rpr/2022 (िनधा"रण वष" /Assessment Years: 2014-15, 2015-16, 2016-17 & 2017-18) V. Hitesh Golchha Acit, Prop. Of Mouli Investment, Central Circle-1 Jeevan Ganga, Near Dani Bada, Raipur Budha Para, Raipur – 492 001 Chhattisgarh [Pan: Agjpg 7698 F] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Shri B. Subramanyam, C.A. ""यथ" क" ओर से /Respondent By : Shri S. K. Meena, Cit-D.R. सुनवाई क" तार"ख/Date Of Hearing : 13.09.2023 घोषणा क" तार"ख /Date Of Pronouncement : 02.11.2023

For Appellant: Shri B. Subramanyam, C.AFor Respondent: Shri S. K. Meena, CIT-D.R
Section 153ASection 263Section 43C

submissions made before Ld. AO. However, the Ld. PCIT has after considering the overall and concluded that No enquiry on the issues or non-application of mind for reaching any conclusion would lead to held the order erroneous so far as prejudicial to the interest of revenue. On the basis ... assessment records of Ld. AO and submissions made before Ld. PCIT, conclusion drawn of No enquiry and non-application of mind by the Ld. AO is not factually correct. 2.2 The issue with respect to applicability of section 43CA and 50C was raised by the Ld. AO vide notice date

Cabot Technology Solution Private Limited, Kochi vs. Principal Commissioner of Income Tax, Kochi-1, Kochi

In the result, the assessee’s appeal is disposed of on the afore-stated terms

ITA 609/COCH/2022[2017-2018]Status: DisposedITAT Cochin31 Oct 2023AY 2017-2018

Bench: Shri Sanjay Arora & Shri Manomohan Dascabot Technology Solutions Principal Commissioner Of Pvt. Ltd. Income Tax – 1 204, 2Nd Floor, Lulu Cyber Tower Vs. Cr Building , Is Press Infopark, Kochi 682042 Road, Kochi 682018 [Pan:Aadcc 9320K] (Appellant) (Respondent) Assessee By: Shri Allen Joseph, Ca Revenue By: Shri Sajit Kumar Das, Cit- D.R. Date Of Hearing: 18.10.2023 Date Of Pronouncement: 31.10.2023 O R D E R Per Sanjay Arora, Am This Is An Appeal By The Assessee Agitating The Revision Of It’S Order Under Section 143(3) Of The Income Tax Act, 1961 (‘The Act’) Dated 20.12.2019 For Assessment Year (Ay) 2017-18 By The Principal Commissioner Of Income Act (Pr. Cit), Vide His Order Dated 18.01.2022. 2.1 The Brief Facts Of The Case Are That The Assessee, A Company In Software Development Business, Returned, For The Relevant Year, An Income Of Rs.3,67,574 Under The Regular Provisions Of The Act & A Book-Profit Of Rs.14,33,474 U/S.115Jb Of The Act, Paying The Higher Tax On The Latter. The Same Was Subject To Regular Assessment, Determining The Income Under The Regular Provisions At Rs. 8,10,750 & At The Returned Book-Profit Under Mat Provisions. The Assessment Record Was Subsequently Examined By The Learned Pr. Cit In Exercise Of His Revisionary

For Appellant: Shri Allen Joseph, CAFor Respondent: Shri Sajit Kumar Das, CIT- D.R
Section 10ASection 115JSection 142(1)Section 143(3)Section 263

carried forward to the subsequent year is, nevertheless, to be corrected. The said admission by the assessee proves the Revenue’s charge of non-application of mind by the AO qua the same. 4. In view of the foregoing, we, on the balance, uphold the impugned revision in principle

Dy.DIT., (It)-3(1), Mumbai vs. Global Cricket Corporation Pvt.Ltd., Mumbai

In the result, the appeal filed by the assessee is allowed and the appeal filed by the

ITA 4990/MUM/2011[2003-04]Status: DisposedITAT Mumbai27 Oct 2023AY 2003-04

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm & Dy. Cit(It) – 3(1) M/S. Global Cricket Corpn Pte Ltd. Scindia House, R. No. 132, 1St Floor, C/O. S. R. Batliboi & Co. Vs. 18Th Floor, Express Towers, N. M. Road, Mumbai- 38 Nariman Point, Mumbai-21 Pan/Gir No. Aabcg 7951 L (Revenue) : (Assessee) & Cross Objection No. 83/Mum/2012 (Arising Out Of Ita No.4990/Mum/2011) (Assessment Year: 2003-04) M/S. Global Cricket Corpn Pte Ltd. The Dy. Dit (It)-3(1) C/O. S R B C & Associates Mumbai- 400 038 14Th Floor, The Ruby, Vs. 29 Senapati Bapat Marg, Dadar (W), Mumbai-400 028 Pan/Gir No. Aabcg 7951 L (Assessee) : (Revenue) : Shri P J Pardiwala/Aarati Sathe Assessee By Revenue By : Shri Ajay Kumar Sharma : 16.10.2023 Date Of Hearing Date Of Pronouncement : 27.10.2023

For Respondent: Shri Ajay Kumar Sharma
Section 143(1)Section 143(3)Section 147Section 148Section 250Section 271(1)(c)Section 9(1)(vi)

room for ambiguity. Therefore, Dilip N. Shroff disapproves of the routine, ritualistic practice of issuing omnibus show-cause notices. That practice certainly betrays non-application of mind. And, therefore, the infraction of a mandatory procedure leading to penal consequences assumes or implies prejudice. 189. In Sudhir Kumar Singh, the Supreme ... down on this behalf, compliance with 191. As a result, we hold that Dilip N. Shroff treats omnibus show-cause notices as betraying non-application of mind and disapproves of the practice, to be particular, of issuing notices in printed form without deleting or striking off the inapplicable parts

The ADIT (It)-3(1), Mumbai vs. M/S. Global Cricket Corpn Pte. Ltd, Mumbai

In the result, the appeal filed by the assessee is allowed and the appeal filed by the

ITA 171/MUM/2008[2002-2003]Status: DisposedITAT Mumbai27 Oct 2023AY 2002-2003

Bench: Shri Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm & Dy. Cit(It) – 3(1) M/S. Global Cricket Corpn Pte Ltd. Scindia House, R. No. 132, 1St Floor, C/O. S. R. Batliboi & Co. Vs. 18Th Floor, Express Towers, N. M. Road, Mumbai- 38 Nariman Point, Mumbai-21 Pan/Gir No. Aabcg 7951 L (Revenue) : (Assessee) & Cross Objection No. 83/Mum/2012 (Arising Out Of Ita No.4990/Mum/2011) (Assessment Year: 2003-04) M/S. Global Cricket Corpn Pte Ltd. The Dy. Dit (It)-3(1) C/O. S R B C & Associates Mumbai- 400 038 14Th Floor, The Ruby, Vs. 29 Senapati Bapat Marg, Dadar (W), Mumbai-400 028 Pan/Gir No. Aabcg 7951 L (Assessee) : (Revenue) : Shri P J Pardiwala/Aarati Sathe Assessee By Revenue By : Shri Ajay Kumar Sharma : 16.10.2023 Date Of Hearing Date Of Pronouncement : 27.10.2023

For Respondent: Shri Ajay Kumar Sharma
Section 143(1)Section 143(3)Section 147Section 148Section 250Section 271(1)(c)Section 9(1)(vi)

room for ambiguity. Therefore, Dilip N. Shroff disapproves of the routine, ritualistic practice of issuing omnibus show-cause notices. That practice certainly betrays non-application of mind. And, therefore, the infraction of a mandatory procedure leading to penal consequences assumes or implies prejudice. 189. In Sudhir Kumar Singh, the Supreme ... down on this behalf, compliance with 191. As a result, we hold that Dilip N. Shroff treats omnibus show-cause notices as betraying non-application of mind and disapproves of the practice, to be particular, of issuing notices in printed form without deleting or striking off the inapplicable parts