WAVE INDUSTRIES PVT. LTD.,NOIDA vs. DCIT, NEW DELHI
Income Tax Appellate Tribunal, DELHI BENCH ‘E’, NEW DELHI
Before: Sh. Satbeer Singh Godara & Sh. S. Rifaur Rahman
Per Satbeer Singh Godara, Judicial Member:
This assessee’s appeal for Assessment Year 2011-12, arises against the CIT(A)-30, New Delhi’s case No. 63-65/14-
15/1640-1642
dated
25.05.2015
in proceedings u/s 153A/143(3) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
The assessee at the outset invites our attention to the tribunal’s last order dated 06.11.2024 directing the department to produce the approval folder u/s 153D of the Act; issued to the learned Assessing Officer culminating in his Assessment order dated 27.03.2014. Wave Industries Pvt. Ltd. 2 4. Learned CIT DR very fairly states that the department has indeed complied with our proceeding directions. Our attention is further invited to the learned Addl. CIT, Central Range-6, New Delhi approval dated 27.03.2014 forming part of the case record.
The department could hardly dispute in this factual backdrop that the foregoing learned prescribed authority had approved the Assessing Officer’s section 153D proposal vide common note on 27.03.2014 in a mechanical manner without giving due consideration to the entire search/scrutiny records enclosed therewith. We accordingly quote PCIT vs. Shiv Kumar Officer on 27.03.2014 in assessee’s case u/s 153A of the Act for this precise reason. Ordered accordingly.
All other pleadings on merits herein stand rendered academic. Wave Industries Pvt. Ltd. 3 7. This assessee’s appeal is allowed in above terms. Order Pronounced in the open court on 07/02/2025. (S. Rifaur Rahman) (Satbeer Singh Godara) Accountant Member Judicial Member
Dated: 07/02/2025
*Subodh Kumar, Sr. PS*