2025 (6) TMI 136 - AT - Income Tax

Tax Reassessment Quashed: Authorities Fail to Demonstrate Substantive Review of Case Under Sections 147 and 151

M/s Elite County Developers Pvt. Ltd. Versus ITO, Ward-8 (2), New Delhi

INCOME TAX CASE SUMMARYHC/Tribunal adjudicated a tax reassessment challenge focusing on procedural validity of reopening under Income Tax Act sections 147 ... Validity of assumption of jurisdiction u/s 147 - as submitted that the AO obtained the approval of PCIT as required u/s 151 on 29.03.2017, which has been issued in a mechanical manner, wherein, PCIT granted approval without application of mind by writing ‘yes I am satisfied’ HELD THAT:- The reasons recorded for reopening the assessment together with the approval granted by the CIT, Delhi-3 in terms of section 151 of the Act are enclosed. On perusal of the Proforma seeking approval u/s 151 of the Act, we find that the ld.PCIT had merely stated that ‘I am satisfied’. This sort of approval granted u/s 151 of the Act was held to be approval granted without application of mind and construed as mechanical in the case of CIT Vs. S. Goyenka Lime and Chemicals Ltd [2015 (5) TMI 217 - MADHYA PRADESH HIGH COURT] The Special Leave Petition (SLP) filed by the revenue against this decision was dismissed by the Hon'ble Supreme Court [2015 (12) TMI 1334 - SC ORDER] Hon’ble Jurisdictional High court in the case of PCIT Vs. NC Cables Ltd [2017 (1) TMI 1036 - DELHI HIGH COURT] had also held the same, wherein, the approving authority had merely stated “approved” in the Proforma while granting approval in terms of section 151 of the Act. This approval was held by the Hon’ble Jurisdictional High Court to be a mechanical approval. reopening has been made in the instant case by not taking approval u/s 151 of the Act from the competent authority in the manner known to law. Assessee appeal allowed. Issues Presented and ConsideredThe core legal questions considered by the Tribunal in this appeal are:Whether the reopening of the assessment under section 147 of the Income Tax Act, 1961 was validly initiated, particularly focusing on the requirement of prior approval under section 151 of the Act.Whether the approval granted by the Principal Commissioner of Income Tax (PCIT) under section 151 was given after proper application of mind or was merely a mechanical or ritualistic approval.Whether the reassessment proceedings consequent to the purported approval can be sustained or ought to be quashed on grounds of procedural impropriety.Whether any other grounds raised by the Assessee challenging the merits of the addition under section 68 require adjudication in view of the above.Issue-wise Detailed AnalysisValidity of Reopening under Section 147 and Approval under Section 151Legal Framework and Precedents: Section 147 of the Income Tax Act empowers the Assessing Officer (AO) to reopen an assessment if he has reason to believe that income chargeable to tax has escaped assessment. However, before issuing a notice under section 147, the AO must obtain prior approval from the Commissioner or Principal Commissioner of Income Tax as per section 151 of the Act. This approval must be granted after application of mind and formation of a subjective satisfaction that reopening is justified.Judicial precedents have emphasized that the approval under section 151 cannot be a mere formality or mechanical endorsement. The Madhya Pradesh High Court in CIT Vs. S. Goyenka Lime and Chemicals Ltd (56 taxmann.com 390) held that an approval stating simply 'I am satisfied' without elaboration or indication of application of mind is mechanical and invalid. The Supreme Court dismissed the Revenue's Special Leave Petition against this decision (64 taxmann.com 313), thereby upholding this principle.Similarly, the Delhi High Court in PCIT Vs. NC Cables Ltd (391 ITR 11) held that an approval stating simply 'approved' was insufficient and amounted to a mechanical approval without application of mind, rendering the reopening invalid.Court's Interpretation and Reasoning: The Tribunal examined the approval record furnished by the AO, which contained a proforma with the PCIT's endorsement stating merely 'I am satisfied.' The Tribunal found this to be a verbatim example of mechanical approval as condemned by the aforementioned High Court and Supreme Court decisions. The Tribunal emphasized that section 151 requires the approving authority to record satisfaction after applying mind, which must be reflected even in brief terms rather than a ritualistic or formal endorsement.Key Evidence and Findings: The approval proforma at pages 31-32 of the Paper Book showed no reasons or explanation accompanying the PCIT's approval. The approval was limited to a brief statement of satisfaction without any indication of review or consideration of the materials or reasons for reopening.Application of Law to Facts: Applying the settled legal principles, the Tribunal concluded that the approval granted in this case did not meet the statutory requirement of application of mind. It was a mechanical approval and thus invalid. Consequently, the reopening of assessment under section 147 was not validly authorized.Treatment of Competing Arguments: The Revenue contended that the PCIT had indeed applied mind before granting approval. However, the Tribunal found this argument unpersuasive in light of the absence of any recorded reasoning or indication of subjective satisfaction beyond a formulaic statement. The Tribunal relied on binding precedents to reject the Revenue's contention.Conclusions: The Tribunal held that the reopening was invalid due to lack of proper approval under section 151. The reassessment proceedings were therefore quashed in their entirety. The Tribunal declined to adjudicate other grounds raised by the Assessee challenging the merits of the addition, as the foundational jurisdictional defect rendered further examination unnecessary.Merits of Addition under Section 68 (Briefly Noted)The assessment order had made an addition of Rs. 4,69,21,625/- under section 68 on account of unexplained payments made for purchase of agricultural land exceeding the book value. However, since the Tribunal quashed the reassessment proceedings on procedural grounds, the merits of this addition were not examined or decided.Significant HoldingsThe Tribunal succinctly stated:'Section 151 of the Act clearly stipulates that the CIT (A), who is the competent authority to authorize the reassessment notice, has to apply his mind and form an opinion. The mere appending of the expression 'approved' says nothing. It is not as if the CIT (A) has to record elaborate reasons for agreeing with the noting put up. At the same time, satisfaction has to be recorded of the given case which can be reflected in the briefest possible manner. In the present case, the exercise appears to have been ritualistic and formal rather than meaningful, which is the rationale for the safeguard of an approval by a higher ranking officer.'The Tribunal further held:'Respectfully following the aforesaid decisions, we hold that the reopening has been made in the instant case by not taking approval u/s 151 of the Act from the competent authority in the manner known to law. Accordingly, the entire reassessment proceedings are hereby quashed.'Core principles established include:Approval under section 151 must be a conscious, considered satisfaction and cannot be a mechanical or ritualistic endorsement.Failure to obtain valid approval renders reopening under section 147 invalid and the reassessment proceedings liable to be quashed.Where reopening is quashed on jurisdictional grounds, merits of additions need not be adjudicated.Final determination: The appeal was allowed by quashing the reassessment proceedings due to invalid approval under section 151, thereby invalidating the reopening under section 147. Other grounds raised were left open as unnecessary to decide.