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ITAT Rajkot: Mechanical Approval Invalid – Reopening U/s 148 Quashed

Case Law Details

TaxGuru Citation
2026 taxguru.in 4207
Case Name
Vidhi Build Corn Vs DCIT (ITAT Rajkot)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2019-20
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Vidhi Build Corn Vs DCIT (ITAT Rajkot)

In this case, the ITAT Rajkot held that reopening of assessment is invalid where approval for issuing notice u/s 148 is granted mechanically without application of mind.

The Tribunal observed that:

  • The approval granted by the higher authority did not mention key details such as assessment year or quantum of escaped income,
  • The sanction was given in a routine/mechanical manner, and
  • This violated the legal requirement of independent application of mind before granting approval.

Relying on judicial precedents (including S. Goyanka Lime & Chemicals Ltd.), the ITAT held that:

  • Mechanical approval renders the sanction invalid,
  • Consequently, the notice u/s 148 becomes void, and
  • All subsequent reassessment proceedings collapse.

Accordingly:

  • The entire reassessment was quashed, and
  • Other issues on merits were treated as academic.

FULL TEXT OF THE ORDER OF ITAT RAJKOT

Captioned four appeals filed by the same assessee, pertaining to Assessment Year 2019-20 to 2022-23, are directed against the separate orders passed under section 250 of the Income Tax Act, 1961 by National Faceless Appeal Centre (NFAC), Delhi/Commissioner of Income Tax (Appeals), which in turn arise out of separate assessment orders passed by the Assessing Officer u/s 143(3) r.w.s.147 of the I.T. Act.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,186

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