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	Blog Categories All Constitution (3) Criminal Laws (27) Income Tax Updates (99) miscellaneous (3) Professional Updates > Income Tax Updates Professional Update Category: Income Tax Updates, Posted on: 09/10/2024 , Posted By: CA SHIKHAR GARG Visitor Count:31 Professional Update (Income Tax Case laws) Civil Appeal 4303 of 2017 (Delhi High Court). Capital broadways Pvt. Ltd. vs Income Tax Officer Ward 5(3) Delhi & Anr. Ratio. Hon’ble Delhi Court held that Merely writing “Yes, I am satisfied” in the approval under section 151 of the income tax act, doesn’t satisfied the provide an independent application of mind, while granting the necessary approval. Facts. The appellant has filed a writ petition against the issuance of notice u/s 148 of the income tax act in the assessment year 2010-11. The petitioner has filed the ROI for the assessment year 2010-11 declaring the income of Rs. 1,95,711/-. The case was processed under section 143(1) of the income tax act. The primary contention of the Petitioner in the present case is that the approval have been granted merely by writing “Yes, I am satisfied”. The approval have been accorded in a ritualistic manner and mechanical manner. The Approval of the Sanctioned authority is being influenced by the Sanction of the “ACIT” approval. Issue. Whether the Approval of section 151 could be granted merely by mentioning “Yes, I am satisfied”. Held. The Delhi High Court held that mere repeating of the words of the statute, mere rubber stamping of the letter seeking sanction or using similar words like “Yes, I am satisfied” will not satisfy the requirement of law. Hence, we are of the firm view that PCIT has failed to satisfactorily record his concurrence. The mere use of expression “Yes, I am satisfied” cannot be considered to be a valid approval as the same does not reflect an independent application of mind. The grant of approval in such manner is thus flawed in law. Therefore, the issuance of notice u/s 148 is not valid. (Disclaimer: The information provided by the author in the article is for general informational purposes only. All information provided is in the good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information in the article.) CA Manoj Garg 9811275735 Disclaimer: The content of the blog does not create any responsibility of the firm / its authorized persons whose website is being accessed. The blog is not for legal use. Kindly verify the correctness of data/contents from your own sources. This is only for information purpose. To Activate comments you need to provide details for google authentication and facebook authentication

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