MSL FISH TRADERS PRIVATE LIMITED,BHUBANESWAR vs. DY.CIT, CENTRAL CIRCLE-2, BHUBANESWAR

ITA 333/CTK/2025Status: DisposedITAT Cuttack03 December 2025AY 2018-2019Bench: SHRI GEORGE MATHAN (Judicial Member), SHRI RAJESH KUMAR (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that the approval granted by the Additional CIT under Section 153D of the Income Tax Act was unsustainable as it was granted mechanically without application of mind. Consequently, the assessment order was quashed.

What were the facts?

The assessee, MSL Fish Traders Private Limited, was subjected to a search and seizure operation. The Assessing Officer made additions on account of unexplained investment in land and commission income. The CIT(A) partly allowed the appeal, upholding certain additions.

What were the issues?

Whether the approval granted under Section 153D for the assessment order passed pursuant to a search operation was valid and whether additions based on a cashier's notebook were justified without corroborative evidence.

Which sections of the Income-tax Act were involved?

Section 153D,Section 69,Section 153A

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Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK

Before: SHRI GEORGE MATHAN & SHRI RAJESH KUMAR

Per Bench : These are appeals filed by the assessee against the separate orders dated 31.3.2025 passed by ld CIT(A), Bhubaneswar-2 in Appeal No.CIT(A), Bhubaneswar-2/11252/2017-18 for the assessment years 2017-18 & 2018-19, respectively.

2.

Shri D.Parida, and Shri Chitrasen Parida, ld ARs appeared for the assessee and Shri Ashim Kumar Chakraborty, ld CIT DR appeared for the reven

The order continues below.

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