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ITAT held that approvals under s.153D must reflect bona fide application of mind and cannot be mechanical or template-driven; the Department failed to demonstrate that the competent authority examined the draft assessment and seized materials with due diligence and adequate time. Consequently, the impugned approval was held contrary to the mandatory procedure in s.153D and therefore invalid. The tribunal declared the consequent assessment orders void ab initio for lack of jurisdictional sanction, treating the defect as substantive and incurable. Relief granted to the assessee; departmental affidavits and confidential material lacking corroboration were deemed insufficient to cure the absence of valid approval.
ITAT held that approvals under s.153D must reflect bona fide application of mind and cannot be mechanical or template-driven; the Department failed to demonstrate that the competent authority examined the draft assessment and seized materials with due diligence and adequate time. Consequently, the impugned approval was held contrary to the mandatory procedure in s.153D and therefore invalid. The tribunal declared the consequent assessment orders void ab initio for lack of jurisdictional sanction, treating the defect as substantive and incurable. Relief granted to the assessee; departmental affidavits and confidential material lacking corroboration were deemed insufficient to cure the absence of valid approval.
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