Dheeraj Chaudhary v. ACIT (2025) 237 TTJ 633/ 127 ITR 482/ 178 taxmann.com 360 (TM) (Delhi)(Trib)

S. 153D: Assessment-Search-Approval-Manual of Office Procedure issued by the CBDT in February 2023 was not followed-Separate approval for each assessment year was not obtained-Approval granted is mechanical in manner and without application of mind by the approving authority-Order was quashed.[S. 119, 153C]

Tribunal held that a separate approval of the draft assessment order under S. 153D for each year is to be obtained; a single approval granted by the Addl. CIT for all six assessment years is bad in law. The AO sent only a proposal to the Addl. CIT, which was not accompanied by any assessment folder, seized material or any other related documents, the approval was granted in a mechanical manner without application of mind by the Addl. CIT and, therefore, the same is not sustainable in the eyes of the law. (AY. 2009-10 to 2014-15)

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