Dismissing the appeal of the Revenue the Court held that the approving authority under section 153D had exercised his power mechanically which vitiated the entire proceedings under section 153A and that it was humanly impossible for the approving authority to peruse and apply his independent mind to appraise the material in one day in respect of 38 assessees including that of the assessee based on which the draft assessment order was passed. The submission of the Department that the grant of approval was an administrative exercise of power on the part of the approving authority and that the approval was in existence on the date of the passing of the assessment order and hence it could not be vitiated was a fallacy since the prior approval of superior authority meant that he had appraised the material before him so as to appreciate the factual and legal aspects to ascertain that the entire material had been examined by the assessing authority before preparing the draft assessment order. The appeal was devoid of merit. No question of law arose. (AY-2015-16)
PCIT v. Subodh Agarwal (2023) 450 ITR 526 (All)(HC)
S. 153A : Assessment-Search or requisition-Sanction non application of mind-Prior approval of prescribed authority in respect of each assessment year is mandatory-Sanction of prescribed authority for 38 cases granted on single day-Assessing officer passing draft assessment order and final assessment order on same day of approval-Approval illegal and non est-Order of Tribunal was up held. [S. 132, 153D, 260A]