2025 (6) TMI 476 - AT - Income Tax

Tax Assessment Invalidated: Mechanical Approval Under Section 153D Fails to Meet Statutory Scrutiny for Proper Procedural Compliance

Shri Jagbir Singh Dhull Versus DCIT, Central Circle, Karnal.

The Income Tax Tribunal invalidated an assessment order due to procedural non-compliance. The approval under section 153D was found to be mechanical and ... Validity of assessment order passed u/s 143(3) r.w.s. 153B(1)(b) for want of approval u/s 153D - HELD THAT:- Although, the approval letters are separately issued for each assessment year. However, on going through the approval, we find that the approval letter does not bear any reference to what all material were considered in regard to the issues and incriminating materials relied by the AO for completing the search assessment. As settled law that the approval letter should be indicative of application of mind by the approving authority for the purpose of section 153D of the Act and placing reliance on the judgement of Serajuddin & Co. [2023 (11) TMI 1254 - SC ORDER] and Shiv Kumar Nayyar [2024 (6) TMI 29 - DELHI HIGH COURT] we are inclined to allow the additional ground. 1. ISSUES PRESENTED and CONSIDEREDThe core legal questions considered by the Tribunal in this appeal are:Whether the assessment order passed under section 143(3) read with section 153B(1)(b) of the Income Tax Act, 1961 (the Act) is valid in the absence of proper approval granted under section 153D of the Act.Whether the approval granted by the competent authority under section 153D of the Act was given after due application of mind or was a mechanical approval without consideration of relevant materials.The effect of non-compliance with procedural safeguards prescribed under section 153D on the validity of the assessment order arising out of search and seizure operations under section 132 of the Act.2. ISSUE-WISE DETAILED ANALYSISIssue 1: Validity of Assessment Order Under Sections 143(3) r.w.s. 153B(1)(b) Without Proper Approval Under Section 153DRelevant legal framework and precedents: The Income Tax Act mandates that for assessment or reassessment proceedings arising out of search or seizure operations, approval must be obtained under section 153D before proceeding with assessment under section 153B. This procedural safeguard ensures that the assessing officer acts within jurisdiction and that the assessment is not arbitrary. The Supreme Court and various High Courts have emphasized that such approval must be granted after due application of mind and cannot be a mere formality or mechanical act.Court's interpretation and reasoning: The Tribunal examined the approval letters issued by the Joint Commissioner of Income Tax (JCIT), Central Range, Chandigarh, which were purportedly granted on the same day the approval request was received. The letters did not reference any material or reasons considered by the approving authority. The Tribunal noted that the approval appeared to be granted in a mechanical manner without any indication of application of mind.Key evidence and findings: The Tribunal relied on the correspondence between the Assessing Officer (AO) and the JCIT, including the dates of receipt and grant of approval. The approval letters lacked any mention of the incriminating materials or issues considered, which is indicative of non-application of mind. The Tribunal also referred to a coordinate Bench decision where a similar approval was held to be invalid for being mechanical.Application of law to facts: Given the absence of any rationale or reference to materials in the approval letters, the Tribunal concluded that the approval under section 153D was not validly granted. This procedural lapse rendered the subsequent assessment order under section 143(3) r.w.s. 153B(1)(b) invalid.Treatment of competing arguments: The Departmental Representative (DR) contended that the approval was valid and supported the assessment order. However, the Tribunal found this argument unpersuasive in light of the lack of any evidentiary basis or reasoned consideration in the approval letters.Conclusion: The Tribunal held that the assessment order was bad in law for want of valid approval under section 153D and therefore liable to be quashed.Issue 2: Requirement of Application of Mind by the Approving Authority Under Section 153DRelevant legal framework and precedents: The Supreme Court and High Courts have laid down that approval under section 153D must be preceded by application of mind by the approving authority. Mere mechanical or routine approval without consideration of facts or materials is impermissible. The Tribunal relied on the Supreme Court order in Serajuddin & Co. (SLP(C) Diary No.44989/2023) and the Delhi High Court judgment in PCIT vs. Shiv Kumar Nayyar, 2024 (6) TMI 29, which reaffirm this principle.Court's interpretation and reasoning: The Tribunal scrutinized the approval letters and found them devoid of any reference to the materials or reasons considered. The timing of approval-granted on the same day as receipt of the request-further indicated a lack of deliberation. The Tribunal held that such approval cannot satisfy the statutory requirement of application of mind.Key evidence and findings: The approval letters were uniform and generic, lacking any individualized assessment or mention of incriminating evidence. This was inconsistent with the statutory mandate and judicial precedents.Application of law to facts: The Tribunal applied the settled legal principle that approval must be reasoned and based on consideration of relevant materials. The failure to do so vitiated the approval and consequently the assessment order.Treatment of competing arguments: The Revenue's reliance on the mere existence of approval was rejected as insufficient without evidence of application of mind.Conclusion: The Tribunal concluded that the approval was granted mechanically and thus invalid, necessitating quashing of the assessment.Issue 3: Impact of Procedural Deficiency on the Validity of Assessment Arising Out of Search and SeizureRelevant legal framework and precedents: The procedural safeguards in search assessment cases are critical to protect taxpayer rights and ensure fairness. The statutory scheme under sections 132, 153B, and 153D is designed to regulate assessments arising from search and seizure. Non-compliance with these procedural requirements has been held to invalidate the assessment.Court's interpretation and reasoning: The Tribunal emphasized that the absence of valid approval under section 153D is a fatal procedural defect. The assessment order passed without such approval is without jurisdiction and liable to be quashed.Key evidence and findings: The Tribunal noted that the assessment was initiated following search and seizure operations and was dependent on the approval under section 153D. Since the approval was invalid, the entire assessment process was vitiated.Application of law to facts: The Tribunal applied the principle that procedural non-compliance in search assessments cannot be cured retrospectively and mandates quashing of the assessment.Treatment of competing arguments: The Revenue's contention that the approval was granted and the assessment was valid was rejected due to the flawed approval process.Conclusion: The Tribunal allowed the appeal, quashing the assessment order for non-compliance with procedural requirements.3. SIGNIFICANT HOLDINGS