NILESH SHAMJI BHARANI,MUMBAI vs. DCIT -CC- 4(1), MUMBAI
Facts
A search action was conducted on 06/10/2017, leading to the discovery of undisclosed money lending activities. Subsequently, notices under Section 153A were issued. The assessee filed returns declaring income. The core issue revolves around the validity of the approval accorded under Section 153D for assessment orders.
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 High Court. The approving authority did not demonstrate an independent application of mind, which is contrary to the mandatory provisions of Section 153D.
Key Issues
The primary issue was whether the approval granted by the Additional Commissioner of Income Tax under Section 153D of the Act for the assessment orders was mechanical and lacked proper application of mind, thus vitiating the assessment.
Sections Cited
153D, 153A, 132, 133A, 143(3), 147, 148, 151
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