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“sanctioning authority”

ReassessmentSection 151Section 151426 judgments

The decision most relied on for sanctioning authority is CIT v. S. Goyanka Lime & Chemical Ltd. (64 Taxmann.com 313), cited in 340 judgments on BharatTax.

Leading authorities on sanctioning authority

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.

Madhya Pradesh in CIT v. S. Goyanka Lime & Chemicals Ltd.
56 Taxmann.com 390 · 2015 · High Court
188
citing judgments

A sanction for issuing a notice under section 148 is invalid if the sanctioning authority grants approval mechanically, merely recording 'Yes, I am satisfied' without proper application of mind to the reasons for reassessment. The authority must demonstrate proper consideration to fulfill the statutory obligation under section 151.

CIT v. SPL’s Siddhartha Ltd.
345 ITR 223 · 2012 · High Court
164
citing judgments

Reassessment proceedings under Section 147 are invalid if the sanction required under Section 151 is obtained mechanically, without independent application of mind by the sanctioning authority, or is based on borrowed satisfaction.

(P.) Ltd. v. ITO
221 ITR 538 · 1996 · Supreme Court
125
citing judgments

The sanction of a specified authority under Section 151 is a mandatory procedural check before issuing a notice under Section 148. This procedural safeguard aims to prevent mechanical reopening of assessments and harassment of the assessee.

PCIT v. NC Cables Ltd.
391 ITR 11 · 2017 · High Court
104
citing judgments

Approval for reassessment under Section 151 requires the approving authority to apply its mind and form an opinion, not merely endorse it mechanically. Additions under Section 68 cannot be made based on suspicion alone and require conclusive evidence.

Arjun Singh v. ADIT
246 ITR 363 · 2000 · High Court
102
citing judgments

For a valid reassessment, the sanctioning authority must apply its mind to the reasons for reopening the assessment under Section 147. A mechanical endorsement like 'I am satisfied' without considering the material amounts to non-application of mind and invalidates the sanction under Section 151.

Financial Services Pvt. Ltd. v. Dy. CIT
457 ITR 647 · 2023 · High Court
95
citing judgments

The amended Section 151 of the Income-tax Act, governing the sanction for reassessment proceedings under Sections 148 and 148A, applies to cases initiated under the new reassessment regime. The specified authority for granting such sanction becomes the Principal Chief Commissioner or Principal Director General if more than three years have elapsed from the end of the relevant assessment year.

Ghanshyam K. Khabrani v. ACIT
346 ITR 443 · 2012 · High Court
89
citing judgments

The reassessment proceedings are invalid if the required sanction under Section 151 of the Income Tax Act is not obtained from the statutorily designated authority or if the approval is granted mechanically without due satisfaction. Approval by a higher authority cannot substitute the satisfaction of the authority specified in Section 151.

Judgments citing sanctioning authority

Dhanshree Infratech Private Limited, Mumbai vs. Income Tax Officer 12(2)(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1243/MUM/2018[2008-09]Status: DisposedITAT Mumbai05 May 2023AY 2008-09

Bench: Shri Aby T Varkey & Shri Amarjit Singhdhanshree Infratech Vs. Ito-12(2)(1) Private Limited Aayakar Bhavan, 303, Western Edge 1, 1St Floor, Aaykar Bhavan, W.E. Highway, Borivali M.K. Road, (E), Mumbai – 66 Mumbai - 20 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aagca7306J Appellant .. Respondent Appellant By : Girish Dave Respondent By : Shailja Rai Date Of Hearing 07.02.2023 Date Of Pronouncement 05.05.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ld. Cit(A)-20, Mumbai Dated 29.12.2017 For A.Y. 2008-09. The Assesse Has Raised The Following Grounds Before Us:

For Appellant: Girish DaveFor Respondent: Shailja Rai
Section 133(6)Section 143(1)Section 147Section 148Section 153Section 68

satisfied.” After referring the above he further contended that that there is a non- application of mind on the part of the sanctioning authority while granting the sanction and further after considering the decision of Hon’ble Supreme Court of CIT, Jabalpur vs. Shri P a g e | 7 Dhanshree ... Income Tax on the part of the Assessing Officer is prima facie evidence of non- application of mind on the part of the sanctioning authority while granting the sanction.” Following the decision of Hon’ble jurisdictional High Court as supra on similar issue and identical fact as supra we consider