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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

Navin Kalidas Patel, Ahmedabad vs. The Pr. CIT-3, Ahmedabad

In the result, the appeal preferred by the assessee is dismissed

ITA 109/AHD/2021[2015-16]Status: DisposedITAT Ahmedabad14 Aug 2024AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 109/Ahd/2021 (िनधा"रण वष" िनधा"रण वष" / Assessment Year : 2015-16) िनधा"रण वष" िनधा"रण वष" बनाम बनाम/ बनाम बनाम Navin Kalidas Patel The Pr.Cit-3 802, Block –A, Status Ahmedabad Vs. Appartment, Opp. T. V. Tower, Drive-In-Road, Ahmedabad, Gujarat, 380054 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Achpp0215B (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri S. N. Soparkar, Sr. Advocate & Shri Parin Shah, A.R. ""यथ" क" ओर से/Respondent By : Shri Sudhendu Das, Cit. Dr Date Of Hearing 05/08/2024 Date Of Pronouncement 14/08/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The Principal Commissioner Of Income Tax, Ahmedabad-3, (In Short ‘The Pr. Cit’) Dated 29.03.2021 In Exercise Of His Revisionary Power Under Section 263 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The Assessment Year 2015-16. 2. The Brief Facts Of The Case Are That The Return Of Income For A.Y. 2015-16 Was Filed By The Assessee On 25.01.2016 Showing Total Income Of Rs.2,03,730/-. The Case Was Selected For Scrutiny

For Appellant: Shri S. N. Soparkar, Sr. Advocate &For Respondent: Shri Sudhendu Das, CIT. DR
Section 143(3)Section 263Section 68

loan transactions which is not the issue involved in this case. It is a trite law and a well settled position that non application of mind or wrong assumption of facts or incorrect application of law by the A.O. will make the order erroneous and pre-judicial to the interest

Trafigura India Pvt Ltd, Mumbai vs. PCIT-6, Mumbai

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

ITA 1131/MUM/2024[2018-19]Status: DisposedITAT Mumbai23 Jul 2024AY 2018-19

Bench: Shri Pavan Kumar Gadale & Shri Ratnesh Nandan Sahay, Accountat Member Trafigura India Pvt Ltd., Vs. Pr. Cit-6 Unit No.1101, A-Wing, 501, 5Th Floor, Aaykar Plot No. C, 66G Block, Bhavan, Mg Road, Bkc, Mumbai – 400051. Mumbai – 400020. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadct3128N Appellant .. Respondent Appellant By : Shri Madhur Agrawal.Ar Respondent By : Shri Biswanath Das.Cit Dr Date Of Hearing 03.07.2024 Date Of Pronouncement 25.07.2024 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: The Assessee Has Filed The Appeal Against The Order Of The Pr. Commissioner Of Income Tax (Pr.Cit)-6, Mumbai Passed U/S 263 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri Madhur Agrawal.ARFor Respondent: Shri Biswanath Das.CIT DR
Section 115JSection 143(3)Section 263

Form 29B was submitted along with other information placed at page24 to 29 of the paper book. And hence there cannot be non application of mind by the Assessing officer on the disputed issues in the Assessment proceedings. The Ld.AR contentions are that as per provisions of Clause ... also submitted that the Pr.CIT has not considered these facts that the A.O has called for the information and there cannot be any non application of mind by the A.O. We find that the A.O has considered one of the possible views based on the information