Loading judgment…
Facts
The appeals were filed by the assessees against the order of the CIT(A). The primary issue revolved around the validity of assessment orders passed under Section 153A of the Income Tax Act, 1961. The assessees contended that these orders were passed without the requisite approval under Section 153D of the Act, rendering them illegal.
Held
The Tribunal held that the approval under Section 153D of the Act is a mandatory requirement for search assessments and cannot be granted mechanically. The approval granted by the Additional CIT was found to be perfunctory and lacking application of mind, thus vitiating the assessment orders.
Key Issues
Whether the assessment orders passed under Section 153A of the Income Tax Act, 1961, are valid in the absence of proper and non-mechanical approval under Section 153D of the Act.
Sections Cited
153A, 153D, 69A, 43CA, 44AD, 115BBE, 69C
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, JODHPUR BENCH (Virtual
Before: DR. MITHA LAL MEENA, HONʼBLE & DR. S. SEETHALAKSHMI, HONʼBLE
These four appeals by the assesses are directed against the separate order of the Commissioner of Income Tax, Appeal CIT (A), Udaipur-2 (hereinafter referred to as the "CIT appeal"). These appeals were interlinked to each other on similar facts and therefore, these were heard together and adjudicated by this consolidated order for sake of brevity.
The assessee has raised common issue son similar facts except variation in quantum addition in all the form of appeal in ITA Nos. ITA No. 903/Jodh/2024 (Α.Υ. 2018-19); ITA No. 904/Jodh/2024 (Α.Υ. 2019-20); ITA No. 916/Jodh/2024 (Α.Υ. 2017-18) and ITA No. 915/Jodh/2024 Assessment Year 2017-18 the assesse taken common grounds of appeal except and therefore grounds of appeal are extracted from ITA No. 903/Jodh/2024 in respect with Assessment Year 2018-19 as a lead case for discussion and finding which reads as under:
The CIT(A) erred in law and on facts in confirming the assessment order passed u/s 153A of the Act ignoring that the said order was passed without requisite approval warranted u/s 153D of the Act and therefore bad in law. Thus, the assessment order so framed ignoring the provisions of the law should be quashed.
The CIT(A) erred in law and on facts in confirming the addition of Rss for alleged on money received on sale of property made merely on presumptions and surmises on the basis of a excel sheet seized during the course of search (a) ignoring that the seized excel sheet was a dumb document and mentioned some rough estimates/ projections calculation and did not contain any actual figures which has been ignored while framing the assessment order for assessment year 2017-18 (b) without bringing any corroborative evidence on record to suggest that the assessee received any on money (c) without making any inquiries from the buyers in this regard (d) by picking and choosing figures from two different seized documents as per convenience, (e) ignoring that Id. AO confirmed in remand report that no enquiry has been made from buyer of the House, (f) ignoring that Id. AO confirmed in remand report that no addition has been made in the hands of the buyer towards alleged on Money, (g) ignoring the registered sale deeds and valuation reports of the sub-