NILESH SHAMJI BHARANI,MUMBAI vs. DCIT -CC- 4(1), MUMBAI
Facts
A search action was conducted, leading to assessment orders against the assessee. The assessee challenged the assessment orders, primarily on the grounds that the approval obtained under Section 153D of the Income Tax Act was mechanical and lacked proper application of mind by the approving authority.
Held
The Tribunal held that the approval granted by the Additional Commissioner of Income-tax was mechanical and against the ratio laid down by the Hon'ble High Court. The approving authority failed to demonstrate application of mind and consideration of the seized material.
Key Issues
Whether the approval granted by the competent authority under Section 153D of the Income Tax Act was valid and demonstrated proper application of mind, or if it was a mechanical exercise.
Sections Cited
153D, 132, 133A, 143(3), 153A
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, “B” BENCH, MUMBAI
Before: SHRI SAKTIJIT DEY, HON’BLE & SHRI NARENDRA KUMAR BILLAIYA, HON’BLE
आदेश की �ितिलिप अ�ेिषत /Copy of the Order forwarded to : अपीलाथ� / The Appellant 1. ��थ� / The Respondent 2. संबंिधत आयकर आयु� / Concerned Pr. CIT 3. 4. आयकर आयु� अपील ( ) / The CIT(A)- िवभागीय �ितिनिध ,आयकर अपीलीय अिधकरण, मुंबई /DR,ITAT, Mumbai, 5. गाड� फाई/ Guard file. 6.
आदेशानुसार/ BY ORDER, TRUE COPY
Assistant Registrar आयकर अपीलीय अिधकरण ITAT, Mumbai