RAKESH BHATT,NEW DELHI vs. ACIT CENTRAL CIRCLE-18, NEW DELHI

Heard both the parties at length. Case files perused.

We next note that there arises the first and foremost issue of validity of all the impugned assessments framed u/s 143(3) r.w.s. 153A of the Act; dated 31.03.2021, in ITA Nos. 1181 & 1182/Del/2023 Rakesh Bhatt 2 consequence to the search action herein dated 09.01.2018 on the ground that the learned prescribed authority had not accorded a valid approval thereto u/s 153D of the Act.

It is in this factual backdrop that we admit the assessee’s instant legal ground and note with the able assistance coming from both the parties that the learned Assessing Officer had sought the prescribed authority’s approval dated 26.03.2021. The clinching fact emanating from the approval letter is that the learned Assessing Officer herein had infact sought a common approval for six assessment years from 2012-13 to 2017-18 which stood granted, and therefore, we quote PCIT Vs. (SC), to conclude that such a combined section 153D approval indeed vitiates the entire assessment itself. We draw strong therefrom to quash the impugned assessments framed herein in assessee’s case in assessment years 2016-17 and 2017-18 in very terms.

All other pleadings on merits herein stand rendered academic.