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of <h1>Prior approval under s.153D is mandatory; mechanical or perfunctory approvals vitiate post-search assessments, petition dismissed</h1> <h3>ACIT, Circle 1 (2) Versus M/s Serajuddin And Co.</h3> SC held that prior approval under s.153D is mandatory and requires application of mind by the approving authority; mechanical or perfunctory approval ... Assessment u/s 153A - Valid Approval for assessment granted or not? - mandation of Approving Authority application of mind for giving approval u/s 153D - as decided by HC [2023 (3) TMI 785 - ORISSA HIGH COURT] ITAT has correctly set out the legal position while holding that the requirement of prior approval of the superior officer before an order of assessment or reassessment is passed pursuant to a search operation is a mandatory requirement of Section 153D and that such approval is not meant to be given mechanically. The Court also concurs with the finding of the ITAT that in the present cases such approval was granted mechanically without application of mind by the Additional CIT resulting in vitiating the assessment orders themselves. HELD THAT:- Having regard to facts and circumstances of the case, we are not inclined to interfere in the matter. The Special Leave Petition is dismissed. The Supreme Court dismissed the Special Leave Petition, stating that they are not inclined to interfere in the matter. Delay was condoned, and pending applications were disposed of.
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