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“non application of mind”

Natural JusticeApplication of MindApplication of Mind701 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. Kaushalya
216 ITR 660 · 1995 · High Court
511
citing judgments

A penalty levied under Section 271(1)(c) for concealment or furnishing inaccurate particulars of income is not invalidated by the Assessing Officer's failure to strike off irrelevant portions in the show cause notice, provided the assessee understood the exact charge and suffered no prejudice, indicating an application of mind by the AO.

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.

PCIT v. Meenakshi Overseas Pvt. Ltd.
395 ITR 677 · 2017 · High Court
471
citing judgments

Reassessment proceedings initiated solely based on an investigation wing/appraisal report, without the Assessing Officer's independent application of mind to form a 'reason to believe' that income has escaped assessment, are beyond jurisdiction, bad in law, and void ab initio.

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.

Judgments citing non application of mind

Kamlesh Kumar Kesharwani, Raipur vs. Assistant Commissioner of Income Tax-1(1), Raipur

In the result, appeal filed by the assessee in ITA No

ITA 123/RPR/2024[2014-15]Status: DisposedITAT Raipur10 Feb 2025AY 2014-15

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos.122, 123 & 124/Rpr/2024 "नधा"रण वष" / Assessment Years : 2013-14, 2014-15 & 2015-16 Kamlesh Kumar Kesharwani 112, Janta Colony, Gudhiyari, Raipur (C.G.)-492 001 Pan: Aewpk6876Q .......अपीलाथ" / Appellant बनाम / V/S. The Assistant Commissioner Of Income Tax-1(1), Raipur (C.G.) ……""यथ" / Respondent आयकर अपील सं. / Ita Nos.135, 136 & 138/Rpr/2024 "नधा"रण वष" / Assessment Years : 2013-14, 2014-15 & 2015-16 The Deputy Commissioner Of Income Tax-(Central)-1, Raipur (C.G.)

For Appellant: Shri Sunil Kumar Agrawal &For Respondent: Shri S.L Anuragi, CIT-DR
Section 133ASection 143(3)Section 148Section 151Section 151(2)

dt.31-3-16 by ITO-2(2); without pointing out the mistake/ error committed by AO in the "Proposal Form" put up before her; non application of mind by Jt.CIT while granting such mechanical approval on her part; in absence of a valid approval as mandated by law u/s.151, reopening u/s.148/147 would ... approval u/s.151, escaped income at 'nil' (Sl.No.6); without pointing out mistake committed by AO in the "Proposal Form" put up before him; non application of mind by Jt.CIT while granting such mechanical approval on his part; in absence of a valid approval as mandated by law u/s.151, reopening u/s148/147

Kamlesh Kumar Kesharwani, Raipur vs. Assistant Commissioner of Income Tax-1(1), Raipur

In the result, appeal filed by the assessee in ITA No

ITA 122/RPR/2024[2013-14]Status: DisposedITAT Raipur10 Feb 2025AY 2013-14

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं. / Ita Nos.122, 123 & 124/Rpr/2024 "नधा"रण वष" / Assessment Years : 2013-14, 2014-15 & 2015-16 Kamlesh Kumar Kesharwani 112, Janta Colony, Gudhiyari, Raipur (C.G.)-492 001 Pan: Aewpk6876Q .......अपीलाथ" / Appellant बनाम / V/S. The Assistant Commissioner Of Income Tax-1(1), Raipur (C.G.) ……""यथ" / Respondent आयकर अपील सं. / Ita Nos.135, 136 & 138/Rpr/2024 "नधा"रण वष" / Assessment Years : 2013-14, 2014-15 & 2015-16 The Deputy Commissioner Of Income Tax-(Central)-1, Raipur (C.G.)

For Appellant: Shri Sunil Kumar Agrawal &For Respondent: Shri S.L Anuragi, CIT-DR
Section 133ASection 143(3)Section 148Section 151Section 151(2)

dt.31-3-16 by ITO-2(2); without pointing out the mistake/ error committed by AO in the "Proposal Form" put up before her; non application of mind by Jt.CIT while granting such mechanical approval on her part; in absence of a valid approval as mandated by law u/s.151, reopening u/s.148/147 would ... approval u/s.151, escaped income at 'nil' (Sl.No.6); without pointing out mistake committed by AO in the "Proposal Form" put up before him; non application of mind by Jt.CIT while granting such mechanical approval on his part; in absence of a valid approval as mandated by law u/s.151, reopening u/s148/147

Sshri Kuldip Singh, Chandigarh vs. Pr.CIT-1, Chandigarh

In the result, appeal of Assessee is allowed

ITA 103/CHANDI/2021[2016-17]Status: DisposedITAT Chandigarh30 Jan 2025AY 2016-17

Bench: Shri Vikram Singh Yadav & Shri Paresh M. Joshiआयकर अपील सं./ Ita No. 103/Chd/2021 "नधा"रण वष" / Assessment Year: 2016-17 Shri Kuldeep Singh, Vs. The Pr. Cit-1, 2010, बनाम Chandigarh Sec 21-C, Chandigarh "थायी लेखा सं./Pan No: Bllps7083L अपीलाथ"/ Assessee ""यथ"/ Repsondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : Shri Ajay Jain, Ca राज"व क" ओर से/ Revenue By : Shri Rohit Sharma, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 03.12.2024 उदघोषणा क" तार"ख/Date Of Pronouncement : 30.01.2025 आदेश/Order Per Paresh M. Joshi, Jm : This Is An Appeal Filed By The Assessee U/S 253 Of The Income Tax Act, 1961 (Herein Referred To As ‘The Act’] Before This Tribunal. The Assessee Is Aggrieved By The Order Bearing No. Itba/Rev/F/ Revs/ 250 /2020-21/1031467646 (1) Dated 14.03.2021 Of Ld. Pcit, Chandigarh-1 Passed U/S 263 Of The Act. The Relevant A.Y.

For Appellant: Shri Ajay Jain, CAFor Respondent: Shri Rohit Sharma, CIT DR
Section 142(1)Section 143(1)Section 143(2)Section 144Section 253Section 263

Cause Notice and information furnished along with it have been totally ignored by the ld. PCIT while passing the impugned order which shows non application of mind and arbitrary exercise of power. It was contended that basis paper book filed running into pages 1 to 99 were in all material ... such inquiry / or bare minimum inquiry seems to have been conducted by the ld. PCIT before passing the impugned order which shows non-application of mind and arbitrary exercise of power an approach wholly untenable in law. 3.4 It was also contended that reply to the show cause notice issued

Kanhu Charan Couda, Nayagarh vs. ITO, Khurda Ward, Khurda

In the result, appeal of the assessee stands partly allowed for statistical purposes

ITA 481/CTK/2024[2017-18]Status: DisposedITAT Cuttack23 Jan 2025AY 2017-18

Bench: Before Shri George Mathanmember & Manish Agarwal Manish Agarwalassessment Year : 2017-2018 Kanhu Charan Kanhu Charan Gouda Vs. Ito,Khordha Rohibanka, Odagaon, Nayagarh, Odagaon, Nayagarh, Khordha-7520 752090 Pan/Gir No. No.Aubpg 5312 Q (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri K. K. Bal, Adv Revenue By : Shri S.C.Mohanty, Sr Dr : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 23/01/20 2025 Date Of Pronouncement : 23/01/20 025 O R D E R Per Bench This Is An This Is An Appeal Filed By The Assessee Against The Order Of The Ld Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), Cit(A), Nfac, Nfac, Delhi Delhi Dated Dated 26.4.2024 In In Appeal Appeal No. No. Nfac/201617/10307 Nfac/201617/10307110 For The Assessment Year 2017-2018. 2018. 2. Shri K.K.Bal, K.K.Bal, Ld Ar Appeared For The Assessee & Shri The Assessee & Shri S.C.Mohanty, Sr. Dr Appeared For The Revenue. Dr Appeared For The Revenue.

For Appellant: Shri K. K. Bal, AdvFor Respondent: Shri S.C.Mohanty, Sr DR
Section 144

have withdrawn through Micro ATM provide to the Assesse as unexplained money without understanding the fact in proper prospective. Therefore the addition is non application of mind and deserves to be deleted.” 4. The appeal is barred by limitation by 144 days. The assessee has filed condonation petition 21.11.2024 supported