2024 (4) TMI 1142

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....e Appellant : Mr. Apurv Goyal, Advocate. For the Respondent : Mr. Amit Chaudhari, Advocate  along with Mr. Topilal Bareth, Advocate. JUDGMENT ON BOARD PER, GOUTAM BHADURI JUDGE 1. Both the appeals are heard together since common question of law has been involved. 2. The present appeal has been filed against the order of ITAT dated 02/11/2023 for the assessment years 2016-2017 a....

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....(D) of the Income Tax Act, as per the law laid down by High Court of Orissa in the matter of Assistant Commissioner of Income Tax, (2023) 454 ITR 312 : 2023 SCC Online Ori 992: (2023) 333 CTR 228, the bare minimum requirement of said section is Approving Authority is required to indicate that what thought process was involved which should be reflected in the approval order, though the elaborate re....

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....mind was there while granting the approval. It is the subjective satisfaction and the language of the (Annexure - 4) would show that on the basis of the document produced before the Joint Commissioner, he was convinced of the fact that such approval would be necessary as the statute mandate. 6. From perusal of the language of the letter (Annexure - 4), we cannot presume that there was no applic....