2025 (6) TMI 136

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.... YOGESH KUMAR, U.S. JM: This appeal is filed by the Assessee against the order of Commissioner of Income Tax (Appeal) ('Ld. CIT(A)' for short)- 3, New Delhi, dated 06.03.2020 for the Assessment Year 2010-11. 2. Facts in brief: The Assessee has filed its return of income declaring total income at Rs. 21,70,269/-. Office of the DIT(I & CI) Chandigarh, stated that cash of Rs. 1,54,64,000/- has been....

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.... challenging the validity of assumption of jurisdiction u/s 147 of the Act together with merits the ld. Counsel submitted that the AO obtained the approval of PCIT as required u/s 151 of the Act on 29.03.2017, which has been issued in a mechanical manner, wherein, ld. PCIT granted approval without application of mind by writing 'yes I am satisfied'. Thus, submitted that the assessment framed in co....

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....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 by the Hon'ble Madhya Pradesh High Court in the case of CIT Vs. S. Goyenka Lime and Chemicals Ltd reported in 56 taxmann.com 390 (MP HC). The Special Leave Petition (SLP) filed by the revenue against this decision was dismissed by the Hon'ble Supr....

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.... (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. For these reaso....