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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

Jubilant Pharmova Limited (Erstwhile Jubilant Life Sciences Limited), Gajraula vs. Pr. CIT Bareilly, Uttar Pradesh

In the result, appeal of the assessee is dismissed

ITA 1071/DEL/2022[2016-17]Status: DisposedITAT Delhi11 May 2023AY 2016-17

Bench: Sh. Anil Chaturvedi & Sh. N.K Choudhryjubilant Pharmova Limited Vs. The Pr. Cit, (Erstwhile Jubilant Life Bareilly, Sciences Limited) Uttar Pradesh 244 001 Bhartiagram, Gajraula Jyotiba Phoolay Nagar, Amroha, Up – 244 223 Pan No. Aabcv 0200 H (Appellant) (Respondent) Assessee By Shri K.M Gupta, Adv. Ms. Shruti Khimta, Ar Revenue By Mohd. Gayasuddin Ansari, Cit-D.R. Date Of Hearing: 06.03.2023 Date Of Pronouncement: 11.05.2023 Order Per Anil Chaturvedi, Am : This Appeal Filed By The Assessee Is Directed Against The Order Dated 25.03.2022 Of The Pr. Commissioner Of Income Tax (Appeals)-Bareilly Relating To Assessment Year 2016-17. 2. Brief Facts Of The Case As Culled Out From The Material On Record Are As Under :- Jubilant Pharmova Limited Vs. Pcit 2 3. The Assessee Is A Company Stated To Be Engaged In The Business Of Manufacturing & Sale Of Chemicals, Chemical Intermediates, Active Pharmaceutical Ingredients & Generation Of Power. The Assessee Filed Its Return Of Income For A.Y 2016-17 On 28.11.2016 Declaring Total Of Income At Rs. 54,63,38,840/-. The Case Of The Assessee Was Selected For Scrutiny & Thereafter Assessment Was Framed U/S. 143(3) R.W.S. 144C(3) Vide Order Dated 17.02.2020 & The Total Income Was Determined At Rs. 95,52,38,865/-.

Section 143Section 143(3)Section 263

allowed which according to us is a case of “no inquiry” and not a case of “inadequate inquiry” and consequently a case of non application of mind to the material on record. In the present case since the required information was not furnished by the assessee therefore it cannot

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

Addl. CIT has only mentioned as “Yes I am 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 ... grievance of the petitioner is that there is no proper sanction in view of non application of mind by the Joint Commissioner of Income Tax. The Assessing Officer has invoked a provision of law to sustain the impugned notice which is admittedly not in the statute and the Joint Commissioner