HARAKERE SRIKANTA NAGASHWARN,DELHI vs. ACIT, CENTRAL CIRCLE-16, NEW DELHI
In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the additional ground raised by the assessee is sustained. The Tribunal found that while the AO relied on different incriminating evidence for different additions, a common approval under Section 153D for multiple assessment years indicated that the approval was not granted for 'each assessment year' as required by law. This practice suggests a mechanical exercise of power. The Tribunal relied on the decision of the Delhi High Court in PCIT Vs. Shiv Kumar Nayyar, which in turn relied on the Allahabad High Court's decision in PCIT Vs. Sapna Gupta, holding that a consolidated approval for multiple assessment years is vitiated. Consequently, the impugned approvals under Section 153D and the consequent assessment orders were held to be vitiated and not in accordance with the law. The appeals were allowed, and the impugned assessments were quashed.
What were the facts?
The assessee, Harakere Srikanta Nagashwarn, filed appeals before the Income Tax Appellate Tribunal (ITAT) challenging orders passed by the Assessing Officer (AO) under Section 143(3)/153A of the Income-tax Act, 1961. These orders were subsequently upheld by the Commissioner of Income-tax (Appeals) (CIT(A)). The appeals cover assessment years 2011-12 to 2016-17. The assessee raised an additional ground of appeal, arguing that the assessment orders were vitiated because the approval granted under Section 153D of the Act was done mechanically and without application of mind. The approval letter cited in the assessment orders was dated 29.12.2019 and was common for all assessment years.
What were the issues?
1. Whether the approval granted under Section 153D of the Income-tax Act, 1961, for the assessment orders was vitiated due to being granted mechanically and without application of mind, thereby invalidating the assessment orders? (Question of law and fact, turning on Section 153D). Assessee's contentions: The assessee argued that the approval under Section 153D was granted in a mechanical manner, as evidenced by a common approval letter dated 29.12.2019 for multiple assessment years. This indicated a lack of application of mind by the approving authority. Revenue's contentions: The revenue contended that this ground was not raised before the CIT(A). It was further argued that the approval was formal in nature, and the issues were duly considered at the assessment stage. The mere fact of a common approval did not automatically imply a mechanical exercise of power.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, DELHI
Before: SHRI ANUBHAV SHARMA & SHRI MANISH AGARWAL
PER ANUBHAV SHARMA, JM:
These are appeals preferred by the Assessee against the orders of the
Ld. Commissioner of Income-tax (Appeals) (hereinafter referred to as the
P a g e | 2 6 Appeals HarakereSrikantaNagashwarn (AYs: 2011-12 to 2016-17) First Appellate Authority or ‘the ld. 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) passed u/s 143(3)/153A of the Income-tax Act, 1961
(hereafter referred to as ‘the Act’). Further details of the orders of the lower
authorities are as under:-
ITA No. & Ld. FAA who Appeal No. & Date of order AO who passed the AY passed the appellate of the Ld. FAA assessment order & order Date of order 1/D/24 CIT(A)-26, New DIN: ACIT, CC-16 2011-12 Delhi ITBA/APL/M/250/2023- Dated 31.12.2019 24/1062548786(1) Dated 08.03.2024 2327/D/24 CIT(A)-26, New DIN: ACIT, CC-16 2012-13 Delhi ITBA/APL/M/250/2023- Dated 31.12.2019 24/1062887021(1) Dated 14.03.2024 2328/D/24 CIT(A)-26, New DIN: ACIT, CC-16 2013-14 Delhi ITBA/APL/M/250/2023- Dated 31.12.2019 24/1062889031(1) Dated 14.03.2024 2329/D/24 CIT(A)-26, New DIN: ACIT, CC-16 2014-15 Delhi ITBA/APL/M/250/2023- Dated 31.12.2019 24/1062819469(1) Dated 14.03.2024 2330/D/24 CIT(A)-26, New DIN: ACIT, CC-16 2015-16 Delhi ITBA/APL/M/250/2023- Dated 31.12.2019 24/1062891240(1) Dated 14.03.2024 2331/Del/24 CIT(A)-26, New DIN: ACIT, CC-16 Delhi ITBA/APL/M/250/2023- Dated 31.12.2019 24/1062892686(1) Dated 14.03.2024
P a g e | 3 6 Appeals HarakereSrikantaNagashwarn (AYs: 2011-12 to 2016-17) 2. At the time of hearing it was pointed out on behalf of the assessee that
among other grounds on merit assessee has also raised ground by way of
additional ground of appeal under Rule 11 of the Income Tax Appellate
Tribunal Rules 1963 wherein assessee has challenged the impugned
assessment orders being passed on a basis of approval granted u/s 153D of
the Act in a mechanical manner and without application of mind.
In this context referring to the relevant page of the assessment order in
regard to all the appeals before us ld. Counsel submitted that the approval has
been granted by letter dated 29.12.2019. He pointed out that approval letter
details as mentioned in the assessment order is common and for convenience
the same is quoted here:
“F.No. Addl.CIT/CR-4/Approval u/s 153D/2019-20/1239 dated 29.12.2019”
This has been opposed by Ld. DR by submitting that ground has not
been raised before ld. CIT(A). Further, it was contended that the approval
granted is a formal nature otherwise issue are duly considered at the
assessment stage only by continuous indulgence of the senior authorities so
P a g e | 4 6 Appeals HarakereSrikantaNagashwarn (AYs: 2011-12 to 2016-17) merely because there is common approval that does not lead to conclusion
that it was mechanical.
We have taken into consideration the contentions of ld. DR and we are
of the opinion that same have been considered repeatedly in series of
decisions of the Coordinate Benches in which both of us have been in the
Coram. The fact that there was a common approval for multiple assessment
years involved is not disputed. As we go through the assessment orders we
find that some loose papers found in the search and statements as recorded
have been relied for making additions. In the paper book filed by the
department copies of appraisal report, statement recorded u/s 132(4) of the
and copy of seized document have been filed. As we go through the same we
find that there are different incriminating evidence considered by AO to make
different additions. In such a situation if at the time of granting approval a
common approval is granted for all the assessment years involved it only
goes to show that as required under law, that approval should be granted for
‘each assessment year’ the approval is not so granted. It is settled proposition
of law now that Section 153D approval should be granted for each
assessment year and Hon’ble Delhi High Court in PCIT Vs. Shiv Kumar
P a g e | 5 6 Appeals HarakereSrikantaNagashwarn (AYs: 2011-12 to 2016-17) Nayyar 285/2024 & CM APPL 28994/2024 by order dated 15.05.2024 has
relied the decision of Hon’ble Allahabad High Court in PCIT Vs. Sapna
Gupta (2022) SCC Online All 1294 to hold that approval has to be with
respect to ‘each assessment year’ thereby holding that consolidated approval
for multiple assessment year is vitiated and only indicates a mechanical
exercise of powers.
We thus, sustain the additional groundsraised. The impugned approvals
u/s 153D and consequent assessment orders are held to be vitiated and not as
per law. Resultantly the appeals are allowed and the impugnedassessments
are quashed.
Order pronounced in the open court on 18.02.2026
Sd/- Sd/- (Manish Agarwal) (Anubhav Sharma) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated 18.02.2026 Rohit, Sr. PS
P a g e | 6 6 Appeals HarakereSrikantaNagashwarn (AYs: 2011-12 to 2016-17) Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI
More judgments on Section 153A
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Ashok Singh, Jaipur vs ACIT, Circle-2 Jaipur, JaipurITA 1540/JPR/2025[2015-16]Status: Disposed21 Oct 2026AY 2015-16
- Deputy Commissioner of Income Tax, Central… vs Ig3 Infra Limited, KanchipuramITA 2578/CHNY/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Deputy Commissioner of Income Tax, Central… vs Ig3 Infra Limited, OggiamthoraipakkaITA 2577/CHNY/2026[2019-20]Status: Disposed16 Oct 2026AY 2019-20
- Deputy Commissioner of Income Tax, Central… vs Shanmugham Thiagarajan, ChennaiITA 2576/CHNY/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- M/S. Mehra Mac Industries Private Limited vs. The Deputy State Tax OfficerTelangana · 30 Oct 2026
- Santosh Das And Anr. vs. Union Of INDIACalcutta · 30 Oct 2026
- M/S Rama Krishna Industries vs. State Of Hp And OthersHimachal Pradesh · 30 Oct 2026
- Smt Usha W/O Shri Tarun vs. Union Of INDIARajasthan · 29 Oct 2026
- M/S Maruti Nandan Minetech Private Limited vs. The Joint CommissionerRajasthan · 29 Oct 2026