TaxTMI 
TaxTMI 
2024 (7) TMI 1134
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....ve DIN on the body of the assessment order and CIT(A) erred in not so. 4 On the facts and circumstances of the case and in law, CIT (A) erred in confirming the addition of Rs. 15,19,998/- made by the assessing officer on account unexplained investment in jewellery u/s 69A r.w.s 115BBE of the Act." 3. Brief facts of the case are that, the assessee filed return of income declaring income at Rs. 26,61,930/- which was processed u/s 143(1) of the Income Tax Act ('Act' for short). Search and seizure operation u/s 132 of the Act was carried out in Goenka Group of cases on 26/07/2017. The case of the assessee was also covered u/s 132 of the Act. During the course of search carried out at the different premises located in Delhi, the documents and digital data belongs to assessee were found and seized. Consequent to search action, the case of the assessee was centralized with Circle 15, New Delhi u/s 127 of the Act. The assessment was completed by computing the income of the assessee at Rs. 50,27,095/-. 4. Aggrieved by the Assessment Order dated 31/12/2019, the assessee preferred an Appeal before the CIT(A). The Ld. CIT(A) vide order dated 20/10/2023, confirmed the addition of....
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.... perused the material available on record. As could be seen from the assessment order and the material produced before us, the Assessing Officer sent the letter of approval to Additional CIT on 28/12/2019 and the Additional CIT granted the approval u/s 153D of the Act for 178 cases of 29 Assessees in a single approval letter. The Approval Letter dated 29/12/2019 is produced as under:- 9. The bare glance at the approval accorded by the Additional CIT makes it evident that such approval is generic and listless and accorded in a blanket manner without any reference to any issue in respect of any of the 178 cases of 29 Assessees including the Assessee herein (at Serial No. 15) for seven years. Apparently, the approval has been granted on a dotted line without any availability of reasonable time which firms up the belief towards non application of mind. Besides, the approval has been granted in a consolidated manner for several assessment years for which voluminous assessment orders were prepared. The whole sequence of action apparently appears to be illusory to merely meet the requirement of law as an empty formality. There is no reference of draft assessment in the said approval. ....
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....nder:- "1. This appeal is filed by the Revenue challenging the judgment of Income Tax Appellate Tribunal ("the Tribunal" for short) dated 19th August, 2015. 2. Following question was argued before us for our consideration: "Whether on the facts and circumstances of the case and in law, the Tribunal was justified in holding that there was no 'application of mind' on the part of the Authority granting approval? 3. Brief facts are that the Tribunal by the impugned judgment set aside the order of the Assessing Officer passed under Section 153A of the Income Tax Act, 1961 ("the Act" for short) for Assessment Year 2007- 08. This was on the ground that the mandatory statutory requirement of obtaining an approval of the concerned authority as flowing from Section 153D of the Act, before passing the order of assessment, was not complied with. 4. This was not a case where no approval was granted at all. However, the Tribunal was of the opinion that the approval granted by the Additional Commissioner of Income Tax was without application of mind and, therefore, not a valid approval in the eye of law. The Tribunal reproduced the observations....
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.... perfectly justified in coming to the conclusion that the approval was invalid in eye of law. We are conscious that the statute does not provide for any format in which the approval must be granted or the approval granted must be recorded. Nevertheless, when the Additional CIT while granting the approval recorded that he did not have enough time to analyze the issues arising out of the draft order, clearly this was a case in which the higher Authority had granted the approval without consideration of relevant issues. Question of validity of the approval goes to the root of the matter and could have been raised at any time. In the result, no question of law arises. 8. Accordingly, the Tax Appeal is dismissed." 12. In the case of ACIT, Circle-1 (2) Vs. Serajuddin and Co. the Hon'ble Supreme Court in SLP (Civil) Dairy No. 44989/2023 vide order dated 28/11/2023 dismissed the Appeal filed by the Department of Revenue against the order dated 15/03/2023 in ITA No. 43/2022 passed by the Hon'ble High Court of Orissa at Cuttack, wherein the Hon'ble High Court had quashed the Assessment Order on the ground of inadequacy in procedure adopted for issuing approval u/s 153D o....
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.... Ltd. AAACG0865A 2012-13 to 2017-18 12. M/s. G.D. Goenka P. Ltd. AAACG0865A 2018-19 ABLPS5027M 2012-13 to 2017-18 2018-19 2012-13 to 2017-18 2018-19 Asstt. Commissioner of Income Tax Central Circa 15, New Delhi RECEIVED Dy. No. 16 7 0 ABTPC1098A 2012-13 to 2017-18 2018-19 2012-13 to 2017-18 2012-13 to 2017-18 2018-19 2012-13 to 2017-18 2018-19 13. Sh. Deepak Chopra 14. Sh. Deepak Chopra ✓ ABTPC1098A 15. Smt. Mysore Bhaskra Pankaja AHTPP6502G 16. Smt. Mysore Bhaskra AHTPP6502G 2018-19 Pankaja 17. Sh. Telu Ram Garg ACLPG9922C 2012-13 to 18. Sh. Telu Ram Garg ACLPG9922C 2017-18 2018-19 19. Sh. OM Garg AFFPG2596F 20. Sh. OM Garg AFFPG2596F 21. Sh. Hemant Sachdev ABLPS5025K 22. Sh. Hemant Sachdev ABLPS5025K $23. Anjani Kumar HUF AAAHA3634A 24. Anjani Kumar HUF AAAHA3634A 2012-13 to 2017-18 2018-19 25. M/s. Chogori Retail P AADCC2003K Ltd. 26. M/s. Chogori Retail P AADCC2003K 2018-19 Ltd. 27. M/s. G.D. Goenka AAACG3083E ....
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....ti Vinimoy P. AAACU7745B Ltd 2012-13 to 2012-13 to 2017-18 2018-19 2012-13 to 2017-18 2018-19 2012-13 to 2017-18 2018-19 2012-13 to 2017-18 2018-19 2012-13 to 2017-18 2018-19 2012-13 to 2017-18 153A/143(3) of the I. T. Act, 1961 143(3) of the I. T. Act, 1961 153A/143(3) of the I. T. Act, 1961 143(3) of the 1. T. Act, 1961 T53A/143(3) of the 1. T. Act, 1961 143(3) of the IT Act, 1961 153A/143(3) of the I. T. Act, 1961 143(3) of the IT Act, 1961 153A/143(3) of the I. T. Act, 1961 143(3) of the I. T. Act, 1961 153A/143(3) of the 1. T. Act, 1961 143(3) of the I. T. Act, 1961 153A/143(3) of the I. T. Act, 1961 45 Nipun Cioenka 46 Nipun Goenka 47. (GDG AHSPG9206B AHSPG9206B AABTG2708A EDUCATIONAL TRUST) Earstwhile G.D. Goenka World School 48. (GDG AABTG2708A 2018-19 EDUCATIONAL TRUST) Earstwhile G.D. Goenka World AABCC9849D 2012-13 Proinvestment P. Ltd. M/s. Centum AABCC9849D 2018-19 Proinvestment P. Ltd. 51 M/s. Systems AAGCS4038R 2012-13 Plantation & Inves....