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| The Tax Publishers2019 TaxPub(DT) 7960 (Del-Trib) INCOME TAX ACT, 1961
Section 147 and 151
Where approving authority gave approval for reopening of assessment in a mechanical manner without due application of mind by only mentioning “Yes” in reasons for initiating proceedings under section 147, the said approval would be considered as invalid and hence, the reassessment was liable to be quashed.
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Reassessment - Validity - Non-recording of proper satisfaction - Assumption of jurisdiction under section 147/148 on basis of invalid and mechanical approval
AO issued notice under section 148 for reopening assessment. Assessee contended that the AO erred in assumption of jurisdiction under section 147/148 on the basis of invalid and mechanical approval granted by PCIT, wherein it was mentioned as “Yesâ€, which showed that the PCIT did not record proper satisfaction and gave the approval without application of mind. Held: Since approving authority gave approval for reopening of assessment in a mechanical manner without due application of mind by only mentioning “Yes” in reasons for initiating proceedings under section 147, the said approval would be considered as invalid and hence, the reassessment was quashed.
Followed:Dharmender Kumar & Associates v. ITO ITA No. 2728/Del/2018, Assessment year 2008-09: 2019 TaxPub(DT) 6944 (Del-Trib)
REFERRED :
FAVOUR : In assessee's favour
A.Y. :
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