TaxTMI 
TaxTMI 
2024 (6) TMI 265
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....hereinafter referred to as Ld. First Appellate Authority or 'the FAA' for short) in appeals filed before him against the orders of the ld. Assessing Officer (hereinafter referred to as the Ld. AO, for short), for AY 2010-11 onwards till AY 2015-16. 2. Heard and perused the record. 3. At the time of hearing it came up that on behalf of assessee an application of additional grounds of appeal under Rule 11 of the Income Tax Appellate Tribunal) Rules, 1963 have been filed wherein following grounds are raised:- "1. That on the facts and circumstances of the case and in law, the assessment completed and the additions made therein under section 153A r.w.s143(3) of the Income Tax Act, 1961 ("the Act") are illegal, bad in law, void ab initio, wi....
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.... ground no. 5 was pressed and considering the same to be pure question of law, the same stands admitted. In regard to this ground no. 5 during the course of hearing following orders were passed on 14.05.2024, 20.05.2024 and 21.05.2024, respectively:- 14.05.2024 "When the matter was called out, Ld. Representative for the assessee submitted that the compliance to the direction of the Bench dated 29.11.2023 with regard to the approvals granted by the competent authority u/s 153D of the Act is still awaited. In response, the Ld. CITDR sought more time, as according to him, the concerned officer from the field was yet to respond. Considering that sufficient time has lapsed and even now, the Ld. CIT DR has not put forth any time frame for c....
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....Income Tax Act 1961, presumption has to be drawn that no such order was passed and in the absence of such order the assessment concluded in the relevant assessment years under section 153A read with section 143(3) of the Act are void. 6. Learned DR has although tried to defend the case of the revenue on this count by referring to the concluding para 7 of the assessment order, and submit that there is reference of a letter No. Jt.CIT/C.R-1/153D Appr./2016-17/1025 dated 26.12.2016, by which approval was given, so it is not correct to contend that there was no approval under section 153D of the Act. 7. We have given thoughtful consideration to the aforesaid facts and circumstances and are of the considered view that it is now settled proposi....