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. Subsequent notices under Section 153A were issued, and the assessee filed returns. The core issue revolved around the validity of the approval granted under Section 153D for the assessment orders.
Held
The tribunal held that the approval granted by the Additional Commissioner of Income-tax was mechanical and against judicial precedents, as it lacked evidence of independent application of mind. The approval was given without reference to seized material or assessment records, and without specifying how the mind was applied to the case.
Key Issues
Whether the approval granted by the Additional Commissioner of Income-tax under Section 153D was mechanical and lacked proper application of mind, thereby vitiating the assessment order.
Sections Cited
153D, 153A, 143(3), 132, 133A, 144BA, 147, 148, 151, 271(1)(c)
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