PRIYANVADA AMOL MAHAJAN,JALGAON vs. DCIT, CENTRAL CIRCLE-1, NASHIK, NASHIK
What did the Tribunal hold?
The Tribunal held that the approval granted by the JCIT under Section 153D was invalid due to lack of application of mind, rendering the assessment order liable to be quashed. Consequently, the additions made on merit became academic.
What were the facts?
During a search, evidence of suppressed professional receipts was found. The Assessing Officer made additions after allowing some expenses not recorded in books. The CIT(A) granted partial relief on anesthesia charges but rejected other medicine expense claims.
What were the issues?
Whether the approval granted by the JCIT under Section 153D was valid and whether the assessment order passed without due approval is liable to be quashed.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(9)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- National Thermal Power Co. Ltd. v. CIT5,834 citing229 ITR 383 · 1998 · SC
- Jute Corporation of India Ltd. v. CIT1,372 citing187 ITR 688 · 1991 · SC
- PCIT v. Shiv Kumar Nayyar597 citing163 Taxmann.com 9 · 2024 · HC · Read judgment
- PCIT v. Sapna Gupta591 citing147 Taxmann.com 288 · 2023 · HC
- ACIT v. Serajuddin & Co.500 citing163 Taxmann.com 118 · 2024 · SC
- CIT v. S. Goyanka Lime & Chemical Ltd.340 citing64 Taxmann.com 313 · 2015 · SC
- ACIT v. Sirajuddin& Co.288 citing150 Taxmann.com 146 · 2023 · HC
- M/s Sahara India (Farms) v. CIT & Anr.268 citing300 ITR 403 · 2008 · SC
- Madhya Pradesh in CIT v. S. Goyanka Lime & Chemicals Ltd.188 citing56 Taxmann.com 390 · 2015 · HC
Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE
Before: SHRI R. K. PANDA & SHRI VINAY BHAMORE
आदेश की प्रतितिति अग्रेतिि/Copy of the Order is forwarded to:
1. 1. अपीलार्थी / The Appellant; प्रत्यर्थी / The Respondent 2.
3. The concerned Pr.CIT, Pune 4. DR, ITAT, ‘A’ Bench, Pune गार्ड फाईल / Guard file. 5. आदेशानुसार/ BY ORDER, // True Copy //
Senior Private Secretary आयकर अपीलीय अधिकरण ,पुणे / ITAT, Pune
S.No. Details Date Initials Designation 1 Draft dictated on 21.11.2024 Sr. PS/PS 2 Draft placed before author 22.11.2024 Sr. PS/PS Draft proposed & placed before the 3 JM/AM Second Member Draft discussed/approved by Second 4 AM/AM Member 5 Approved Draft comes to the Sr. PS/PS Sr. PS/PS 6 Kept for pronouncement on Sr. PS/PS 7 Date of uploading of Order Sr. PS/PS 8 File sent to Bench Clerk Sr. PS/PS Date on which the file goes to the Head 9 Clerk 10 Date on which file goes to the A.R. 11 Date of Dispatch of order
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- Amol Pramod Mahajan, Jalgaon vs DCIT, Central Circle-1, NashikPune26 Nov 2024Allowed
Also relies on Madhya Pradesh in CIT v. S. Goyanka Lime & Chemicals Ltd. and 4 other authorities
The Tribunal held that the approval granted by the JCIT under Section 153D was invalid due to lack of application of mind, rendering the assessment order void. Consequently, the assessment order was quashed.
- Amol Pramod Mahajan, Jalgaon vs DCIT, Central Circle-1, NashikPune26 Nov 2024Allowed
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The Tribunal held that the approval granted by the JCIT under Section 153D was invalid due to lack of application of mind, rendering the assessment order liable to be quashed. Consequently, the grounds challenging the ad...
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The Tribunal held that the approval granted under section 153D of the Act was mechanical and without application of mind, rendering it invalid. Consequently, the entire search assessment was declared illegal and bad in l...
- Resonance Eduventures Limited, Kota vs ACIT DCIT, Central Circle, KotaJaipur10 Mar 2025Allowed
Also relies on Madhya Pradesh in CIT v. S. Goyanka Lime & Chemicals Ltd. and 2 other authorities
The Tribunal allowed the additional grounds raised by the assessee. Specifically, regarding the additional ground concerning the validity of the approval under section 153D, the Tribunal found significant force in the as...
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Also relies on Madhya Pradesh in CIT v. S. Goyanka Lime & Chemicals Ltd. and 2 other authorities
The Tribunal held that the approval granted under Section 153D was mechanical and lacked application of mind, rendering the assessment order bad in law. The approval was not a speaking order and did not demonstrate due c...
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