The ITAT (Third Member) held that approvals purportedly granted by the Addl. CIT under s.153D in respect of each assessment year were legally unsustainable. The Tribunal found the lone approval on record to be mechanically granted without independent application of mind, contrary to the statutory requirement that approval be given separately for "each assessment year" and reflect consideration of the AO's material. Reliance on procedural mandates (including pre-hearing and written recording of reasons) reinforced that approval is a discretionary, reasoned act; absence thereof vitiates the approval and renders consequent s.153A assessments void. The assessee's appeals were allowed and the impugned assessments quashed.
The ITAT (Third Member) held that approvals purportedly granted by the Addl. CIT under s.153D in respect of each assessment year were legally unsustainable. The Tribunal found the lone approval on record to be mechanically granted without independent application of mind, contrary to the statutory requirement that approval be given separately for "each assessment year" and reflect consideration of the AO's material. Reliance on procedural mandates (including pre-hearing and written recording of reasons) reinforced that approval is a discretionary, reasoned act; absence thereof vitiates the approval and renders consequent s.153A assessments void. The assessee's appeals were allowed and the impugned assessments quashed.
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