Dismissing the appeal of the revenue the Court held that ,the question of validity of approval goes to the root of the matter and could have been raised at any time . On facts the Addl. CIT has granted the approval in a casual and mechanical manner and without application of mind hence the order is bad in law. ( AY. 2007 -08) ( ITA No 668 of 2016 dt 27-11-2018) ( Arising ITA No. 4061 /M/ 2012 dt 19-08 -2015 (2015) 173 TTJ 332/( 2017) 88 taxmann.com 383( Mum) (Trib) )
PCIT v. Shreelekha Damani ( Smt) ( 2019) 307 CTR 218 / 174 DTR 86( Bom) (HC)
S. 153D : Assessment – Search – Approval – Question of validity of approval goes to the root of the matter and could have been raised at any time- Casual and mechanical manner without application of mind – Order is bad in law [ S.143(3),153C ]