2013 (1) TMI 790 - HC - Income Tax

Revenue appeals dismissed for lack of prior approval; Bombay HC silent on Section 153D approval

The Bombay HC dismissed the revenue's appeals due to lack of prior approval from the Joint Commissioner before the Income Tax officer's order. The court ... Whether on the facts and in the circumstances of the case and in law the ITAT did not err in holding that no approval could be said to have been given when in fact the Joint CIT has duly applied his mind and corrected the draft assessment order and the changes were incorporated by the AO in the final assessment order? - Held that:- Admittedly the finding of fact was recorded by the Tribunal that no prior approval of the Joint Commissioner was taken before Income Tax officer passing the order. In view of the above, we see no reason to entertain the proposed question. Hence, the aforesaid appeals are dismissed with no order as to costs. The Bombay High Court dismissed the revenue's appeals as the Tribunal found no prior approval of the Joint Commissioner was obtained before the Income Tax officer passed the order. The court did not entertain the question of law regarding the approval under Section 153D of the Income Tax Act, 1961.