2025 (5) TMI 1476 - AT - Income Tax

Reopening of assessment u/s 147 - reasons to believe - mandation of recording approval for reopening - HELD THAT - As quite evident from form for recording the reasons for initiating proceedings u/s 147 for obtaining the satisfaction of the Pr. CIT Aligarh that the said satisfaction has been recorded by approving authority in similar manner. Apparently there is no application of mind while according the approval for reopening the case of the assessee and the approval has been given in a mechanical manner. Decided in favour of assessee.

1. ISSUES PRESENTED and CONSIDERED

- Whether the reopening of the assessment under section 147 of the Income Tax Act was valid, given the manner in which the approval for reopening was recorded by the approving authority.

- Whether the approval for reopening was accorded after proper application of mind or was it mechanical and therefore liable to be quashed.

- Whether the addition of cash deposits to the income of the assessee on a best judgment basis was justified.

2. ISSUE-WISE DETAILED ANALYSIS

Validity of Reopening under Section 147:

The legal framework governing reopening of assessments under section 147 requires that the Assessing Officer must have recorded satisfaction based on tangible material indicating income has escaped assessment. This satisfaction must be approved by the higher authority, typically the Commissioner or Principal Commissioner of Income Tax. The approval must be recorded after due application of mind and cannot be a mere formality or mechanical act.

In the present case, the approval for reopening was given by the Principal Commissioner of Income Tax, Aligarh, as evidenced by the form recording reasons for initiating proceedings under section 147. The approval was noted in a manner that suggested no substantive consideration was made. The approving authority simply recorded satisfaction without elaboration or objective reasoning, indicating a mechanical act.

The Court relied heavily on the precedent set by the Madhya Pradesh High Court in the case of S. Goyanka Lime and Chemicals Ltd., where the approval for reopening was similarly recorded with a mere "Yes, I am satisfied" without application of mind. The High Court held that such mechanical recording of satisfaction is unsustainable. The Supreme Court's dismissal of the Special Leave Petition against that decision further cemented the binding nature of this principle.

Applying this precedent, the Court found that the approval in the present case was also mechanical and devoid of any objective material or reasoning. The Court observed that the satisfaction must be with objectivity on objective material and cannot be a mere signature on a dotted line to discharge a statutory obligation.

Furthermore, the Court noted that the explanation to Section 151 introduced by the Finance Act, 2008, which pertains to the issuance of notice, does not affect the manner in which satisfaction must be recorded. Therefore, the amended provision does not aid the revenue's case.

Consequently, the Court concluded that the reopening proceedings were invalid due to the mechanical nature of the approval, which violated the requirement of proper application of mind.

Addition of Cash Deposits on Best Judgment Basis:

The reopened assessment resulted in addition of Rs. 455.42 Lacs (including Rs. 397.76 Lacs in cash deposits) to the income of the assessee on a best judgment basis, as the assessee did not comply with the reopening proceedings. The validity of this addition is contingent upon the validity of the reopening itself.

Since the Court quashed the reopening on grounds of mechanical approval, the addition made pursuant to the invalid reopening also fell away. The Court did not delve into the merits of the addition or the evidence regarding the cash deposits, as the foundational reopening itself was set aside.

Treatment of Competing Arguments:

The appellant argued that the reopening was invalid due to mechanical approval and cited binding judicial precedents to support this contention. The revenue contended that the reopening was valid and the addition justified. However, the Court found the appellant's arguments persuasive and consistent with binding precedents, while the revenue failed to demonstrate that the approval was based on objective material or proper application of mind.

The Court expressly followed the binding precedent from the Madhya Pradesh High Court and refused to reconsider the matter, noting that the appellate authorities below had already interfered on similar grounds without error.

3. SIGNIFICANT HOLDINGS

"The satisfaction has to be with objectivity on objective material."

"The Commissioner acted, of course, mechanically in order to discharge his statutory obligation properly in the matter of recording sanction as he merely wrote on the format 'Yes, I am satisfied' which indicates as if he was to sign only on the dotted line."

"Apparently, there is no application of mind while according the approval for reopening the case of the assessee and the approval has been given in a mechanical manner."

The Court established the core principle that reopening of assessment under section 147 requires approval by the competent authority based on objective material and after proper application of mind. Mechanical or perfunctory recording of satisfaction is unsustainable and renders the reopening invalid.

Accordingly, the Court quashed the assessment proceedings initiated under section 147 due to lack of proper approval, thereby negating the addition of cash deposits to the income of the assessee.

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