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2019 (12) TMI 137 - AT - Income TaxReopening of assessment u/s 147 - non recording of proper satisfaction - assumption of jurisdiction u/s. 147/148 on the basis of invalid and mechanical approval granted by the Pr. CIT, Delhi-2, New Delhi wherein it was mentioned as Yes , which shows that Pr. CIT, Delhi-2, New Delhi has not recorded proper satisfaction and without application of mind gave the approval in a mechanical manner - HELD THAT - Since in the present case the approving authority has given approval to the reopening of assessment in a mechanical manner without due application of mind by only mentioning in Column No. 12 YES , in the Reasons for Initiating Proceedings u/s. 147 and For obtaining the Approval of the Addl. Commissioner of Income Tax, Delhi-2, New Delhi, a copy of which is placed at page no. 103 of the Paper Book No. 2, and therefore, the legal issue in dispute is squarely covered by the aforesaid finding of the Tribunal, hence, respectfully following in the case of Dharmender Kumar vs. ITO 2019 (10) TMI 736 - ITAT DELHI as relied by the Ld. Counsel for the assessee, the reassessment is hereby quashed and accordingly the ground no. 2 is allowed.
Issues Involved:
1. Legality of initiation of proceedings under sections 147/148. 2. Validity of approval under section 151. 3. Addition of ?35 lakhs under section 68. 4. Addition of ?15 lakhs under section 68 from Shalini Holdings Ltd. 5. Addition of ?10 lakhs under section 68 from Virgin Capital Services (P) Ltd. 6. Addition of ?10 lakhs under section 68 from Mani Mala Delhi Pro. (P) Ltd. 7. Addition of ?63,000 under section 69. Issue-wise Detailed Analysis: 1. Legality of Initiation of Proceedings under Sections 147/148: The assessee contended that the initiation of proceedings under sections 147/148 was illegal, without jurisdiction, mechanical, and without application of mind. The Tribunal examined the reasons recorded by the Assessing Officer (AO) and the approval granted by the Principal Commissioner of Income Tax (Pr. CIT). It was found that the Pr. CIT had merely mentioned "YES" in the approval column, indicating a lack of proper satisfaction and application of mind. The Tribunal concluded that the reassessment was not sustainable in law due to the mechanical manner of approval. 2. Validity of Approval under Section 151: The assessee argued that the approval under section 151 was not in accordance with law and was mechanical. The Tribunal referred to the case of Dharmender Kumar vs. ITO, where similar issues were adjudicated. It was observed that the approval by the Addl. CIT in that case was also mechanical, merely stating "Yes, I am satisfied" without detailed examination of material, information, or documents. The Tribunal held that such mechanical approval without application of mind is invalid for initiating reassessment proceedings. 3. Addition of ?35 Lakhs under Section 68: The assessee challenged the addition of ?35 lakhs under section 68, arguing that it was made without confronting the assessee with adverse material and without allowing cross-examination of statements taken behind the assessee's back. However, since the reassessment proceedings themselves were quashed, the Tribunal did not adjudicate this issue on merits, considering it academic in nature. 4. Addition of ?15 Lakhs under Section 68 from Shalini Holdings Ltd.: The assessee contested the addition of ?15 lakhs received from Shalini Holdings Ltd., which was held as received from an alleged entry operator. Similar to the previous issue, this addition was not adjudicated on merits due to the quashing of reassessment proceedings. 5. Addition of ?10 Lakhs under Section 68 from Virgin Capital Services (P) Ltd.: The assessee disputed the addition of ?10 lakhs received from Virgin Capital Services (P) Ltd., which was also held as received from an alleged entry operator. This issue was not adjudicated on merits due to the quashing of reassessment proceedings. 6. Addition of ?10 Lakhs under Section 68 from Mani Mala Delhi Pro. (P) Ltd.: The assessee challenged the addition of ?10 lakhs received from Mani Mala Delhi Pro. (P) Ltd., held as received from an alleged entry operator. This issue was also not adjudicated on merits due to the quashing of reassessment proceedings. 7. Addition of ?63,000 under Section 69: The assessee contested the addition of ?63,000 under section 69, calculated at the rate of 1.8% of ?35 lakhs. This issue was not adjudicated on merits due to the quashing of reassessment proceedings. Conclusion: The Tribunal quashed the reassessment proceedings on the ground that the approval under section 151 was mechanical and without application of mind. Consequently, the additions on merits were not adjudicated, and the appeal filed by the assessee was allowed. The Tribunal's decision relied heavily on the precedent set in the case of Dharmender Kumar vs. ITO, emphasizing the necessity of proper satisfaction and application of mind in granting approval for reassessment.
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