Held that the assessment orders were silent about Assessing Officer having written to Additional Commissioner seeking his approval or of Additional Commissioner having granted such approval, Tribunal was correct in holding that in present cases such approval was granted mechanically without application of mind by Additional Commissioner resulting in vitiating assessment orders. Order of Tribunal was affirmed by High Court. SLP of Revenue is dismissed. (AY. 2003-04, 2009-10)
Asst CIT v. Serajuddin and Co. (2024)463 ITR 698/299 Taxman 448 (SC) Editorial : ACIT v. Serajuddin & Co. (2023) 454 ITR 312 / 292 Taxman 566 / 226 DTR 91 / 333 CTR 228 (Orissa)(HC)
S. 153D : Assessment-Search-Approval-Order passed without obtaining the prior approval is bad in law-SLP of Revenue is dismissed. [S. 132,153A, 153B, Art. 136]]