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| The Tax Publishers2020 TaxPub(DT) 0246 (Del-Trib) INCOME TAX ACT, 1961
Section 147 Section 151
Pr.CIT had given approval to reopening of assessment in a mechanical manner without due application of mind by mentioning only that 'YES. I AM SATISFIED' with the reasons recorded for initiating proceedings under section 147 and therefore, reassessment proceedings were invalid in the absence of valid approval under section 151.
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Reassessment - Validity - Mechanical approval accorded by Pr.CIT for issuing section 148 notice -
Assessee challenged validity of reopening of assessment on the ground of Pr.CIT having granted mechanical approval for issuance of notice under section 148.Held: Pr.CIT had given approval to reopening of assessment in a mechanical manner without due application of mind by mentioning only that 'YES. I AM SATISFIED' with the reasons recorded for initiating proceedings under section 147 and therefore, reassessment proceedings were invalid in the absence of valid approval under section 151.
Followed:ITAT, SMC, Bench, New Delhi decision dated 21-8-2019 in the case of Gopal Chand Manudhra & Sons; Damyanti Mundhra; Ramdev Mundhra; Shriya Devi Mundhra & Gopal Chand Mundhra v. ITO [decided in ITA No. 1375; 1721; 1722; 1523- 1524/Del/2019] : 2019 TaxPub(DT) 5436 (Del-Trib).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. :
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