VIPUL MITTAL,NEW DELHI vs. DCIT, CIRCLE-11(2), NEW DELHI

2. That, on the facts and circumstances of the case and in law, the approval under Section 153D of the Act is mechanical and without any application of mind and thus the impugned assessment order is illegal, bad in law liable to be quashed."

filed on 04.02.2022, wherein the following Grounds have been raised for admission:-

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.s. 143(3) of the Income Tax Act, 1961 ("the Act") are illegal, bad in law, void ab initio, without jurisdiction and barred by limitation.

2. That, on the facts and circumstances of the case and in law, the approval under Section 153D of the Act is mechanical and without any application of mind and thus the impugned assessment order is illegal, bad in law liable to be quashed." At the time of hearing, the learned Representative pointed out that the Ground of Appeal

No.2 thereof is relevant for all the captioned appeals It is submitted that the said Ground be admitted for adjudication inasmuch as no fresh investigation is required on facts, as the same are available on record as supported by the record of order sheet proceedings annexed with the instant Application. It is also submitted that similar issue was considered and adjudicated by the Coordinate Bench of the Tribunal in the case of M/s Janak Raj Gupta & Co. in and Others

5. ITAs No.5590/Del/2011 & other 20 appeals and 6. COs filed by the assessees (Nimitaya Properties Ltd., Nimitaya Promoters Pvt. Ltd., Sanjeev Mahajan, Anita Rani & Nimitaya Infrastructure Pvt. Ltd.) And the Department dated 15.12.2023, in favour of the assessee. The learned Representative pointed out that the fact situation is similar inasmuch as the case of M/s Janak Raj Gupta & Co. (supra) is also a part of the extant group of cases. The learned DR has not disputed the aforesaid factual matrix brought out by the learned Representative but has sought time to obtain the necessary instructions from the field in support of the case of the Revenue. Be that as it may, having regard to the submissions put forth, it is evident that the issue raised in the Additional Ground of Appeal No. 2 above involves a point of law and having already been examined on merits in the case of a group concern, we deem it fit and proper to admit the said Additional Grounds for adjudication following the ratio of the judgment of the Hon'ble Supreme Court in the case of NTPC Vs. CIT - 229 ITR 383. Since the learned CIT-DR has sought time to respond on merits, we deem it fit and proper to permit the Department to submit the same on the next date of hearing i.e., 16th July, 2024, a date consented by both the sides. Accordingly, Registry is directed to notify the instant Appeal on 16th July, 2024. Parties informed in Court.”

4. We find that a search operation was conducted u/s 132 of the Act on 06.11.2008 in respect of M/s Nimitaya group of companies and the case of M/s Janak Raj Gupta & Co., and Brijmohan Mahajan, were part of the group under search along with the present appellants accordingly, after centralization of the assessments, the respective assessment orders were passed. Then vide and ors in the case of M/s Janak Raj Gupta & Co., vide order dated 15.12.2023, a coordinate Bench has taken into consideration the manner in which the approval u/s 153D of the Act has been granted by the competent authority. The relevant conclusions in the order dated 15.12.2023 (supra) from paras 12 to 26 when considered, we find that the coordinate Bench has taken into ITAs No.5590/Del/2011 & other 20 appeals and 6 COs filed by the assessees (Nimitaya Properties Ltd., Nimitaya Promoters Pvt. Ltd., Sanjeev Mahajan, Anita Rani & Nimitaya Infrastructure Pvt. Ltd.) And the Department consideration the decision of the Hon’ble Supreme Court in the case of Serajuddin & Co wherein the Hon’ble Supreme Court in SLP(C) Diary No.44989/2023, order dated 28.11.2023 has dismissed the appeal filed by the Revenue against the order dated 15.03.2023 in 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 mechanical exercise of approval of jurisdiction u/s 153D of the Act.