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Delhi ITAT Quashes Reassessment for Section 151 Mechanical Approval

Case Law Details

TaxGuru Citation
2026 taxguru.in 9963
Case Name
Kailash Bansal Vs ITO (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2009-10
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Kailash Bansal Vs ITO (ITAT Delhi)

The Delhi ITAT quashed the reassessment proceedings initiated under sections 147/148, holding that the mandatory approval under section 151 was granted in a mechanical manner without independent application of mind. The Tribunal noted that the Principal CIT merely affixed a rubber stamp stating “Yes, I am satisfied”, despite a glaring mismatch between the alleged escaped income mentioned in the approval (₹81.34 lakh) and that recorded in the reasons for reopening (₹1.03 crore).

Relying on the Delhi High Court’s decisions in Capital Broadways (P.) Ltd. and Vinod Kumar Solanki, as well as the coordinate bench ruling in Sandhya Sharma v. ACIT, the Tribunal held that a mere endorsement such as “Yes, I am satisfied” does not satisfy the statutory requirement of approval under section 151, as it fails to demonstrate independent consideration of the material by the sanctioning authority.

Holding that the sanction under section 151 was invalid, the Tribunal declared the notice issued under section 148 and the consequent reassessment proceedings to be void in law. Since the reassessment itself was quashed on the jurisdictional issue, the Tribunal did not examine the additions on merits. The assessee’s appeal was allowed

Cases Discussed

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: 7,565

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