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Income Tax

Reopening Beyond 4 Years Quashed for No Failure Allegation

Case Law Details

TaxGuru Citation
2025 taxguru.in 12872
Case Name
Anchor Alloys (P) ltd. Vs ACIT (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2012-13
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Anchor Alloys (P) ltd. Vs ACIT (ITAT Delhi)

Mechanical 151 approval & no failure allegation: ITAT Delhi quashes reopening beyond 4 years

 Delhi Tribunal  allowed the assessee’s appeal and quashed the reassessment proceedings initiated u/s 147. The Tribunal held that the reopening, initiated beyond four years from the end of the relevant assessment year, was invalid in law as the recorded reasons did not allege any failure on the part of the assessee to disclose fully and truly all material facts necessary for assessment. It was noted that the issue of share application money had already been examined in the original scrutiny assessment u/s 143(3), with the assessee having furnished complete details such as PAN, bank statements, ITRs and audited financials of the investor. Further, the Tribunal found that the approval granted u/s 151 was purely mechanical, as the Principal CIT merely recorded satisfaction “as per annexure” without any independent application of mind. Such an approval was held to be contrary to the statutory mandate. On these twin grounds—absence of failure allegation and invalid sanction—the assumption of jurisdiction was held to be bad in law, and the impugned reassessment was quashed in entirety.

FULL TEXT OF THE ORDER OF ITAT DELHI

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,844

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