ACIT v. Serajuddin & Co.

454 ITR 312High Court2023#105 most cited

What is ACIT v. Serajuddin & Co. authority for?

Approval under Section 153D of the Income Tax Act is mandatory for assessment orders in search cases. While elaborate reasons for approval are not required, the approving authority must provide some indication that it has examined the draft orders and found them to meet the requirements of law.

580

judgments rely on this decision, according to BharatTax’s citation analysis of 372,010 Indian tax judgments — from 2023 to 2026.

Also referred to as

ACIT v. Serajuddin & Co. · 454 ITR 312 · Section 153D · approval · mandatory approval · legality of approval · reasons for approval · examination of draft orders · search assessment · income tax

Sections most often in play

Section 153DSection 153ASection 143(3)Section 132Section 153CSection 115BBESection 119Section 142(1)
Read the full judgment

Issues it is cited on

section 158bgsection 114(e)section 37bsection 43(3)section 158bsection 153dsection 153a(1)section 158section 144basection 144asection 158bdincome tax settlement commission

Judgments citing ACIT v. Serajuddin & Co.

M/S Wang Investment & Finance Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, all the appeals of the assessee are allowed

ITA 3040/DEL/2017[2013-14]Status: DisposedITAT Delhi16 Jul 2025AY 2013-14

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

Section 1Section 153ASection 153DSection 250

…e concerned authority has granted approval for 43 cases in a single day which is evident from the findings of the ITAT, succinctly encapsulated in the order extracted above." 12. Similarly, the Hon'ble Orissa High Court in the case of ACIT vs Serajuddin & Co. 454 ITR 312 (Orissa) had an occasion to examine substantial question of law on the propriety of approval granted under s. 153D of the Act. The Hon’ble Orissa High Court made wide ranging observations towards the manner and legality of approval under s. 153D of the Act. The Hon'ble High Court inter-alia observed that the approval under s. 153D of the Act bein…

M/S Wang Investment & Finance Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, all the appeals of the assessee are allowed

ITA 3039/DEL/2017[2011-12]Status: DisposedITAT Delhi16 Jul 2025AY 2011-12

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

Section 1Section 153ASection 153DSection 250

…e concerned authority has granted approval for 43 cases in a single day which is evident from the findings of the ITAT, succinctly encapsulated in the order extracted above." 12. Similarly, the Hon'ble Orissa High Court in the case of ACIT vs Serajuddin & Co. 454 ITR 312 (Orissa) had an occasion to examine substantial question of law on the propriety of approval granted under s. 153D of the Act. The Hon’ble Orissa High Court made wide ranging observations towards the manner and legality of approval under s. 153D of the Act. The Hon'ble High Court inter-alia observed that the approval under s. 153D of the Act bein…

M/S Wang Investment & Finance Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, all the appeals of the assessee are allowed

ITA 3038/DEL/2017[2010-11]Status: DisposedITAT Delhi16 Jul 2025AY 2010-11

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

Section 1Section 153ASection 153DSection 250

…e concerned authority has granted approval for 43 cases in a single day which is evident from the findings of the ITAT, succinctly encapsulated in the order extracted above." 12. Similarly, the Hon'ble Orissa High Court in the case of ACIT vs Serajuddin & Co. 454 ITR 312 (Orissa) had an occasion to examine substantial question of law on the propriety of approval granted under s. 153D of the Act. The Hon’ble Orissa High Court made wide ranging observations towards the manner and legality of approval under s. 153D of the Act. The Hon'ble High Court inter-alia observed that the approval under s. 153D of the Act bein…

M/S Wang Investment & Finance Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, all the appeals of the assessee are allowed

ITA 3037/DEL/2017[2009-10]Status: DisposedITAT Delhi16 Jul 2025AY 2009-10

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

Section 1Section 153ASection 153DSection 250

…e concerned authority has granted approval for 43 cases in a single day which is evident from the findings of the ITAT, succinctly encapsulated in the order extracted above." 12. Similarly, the Hon'ble Orissa High Court in the case of ACIT vs Serajuddin & Co. 454 ITR 312 (Orissa) had an occasion to examine substantial question of law on the propriety of approval granted under s. 153D of the Act. The Hon’ble Orissa High Court made wide ranging observations towards the manner and legality of approval under s. 153D of the Act. The Hon'ble High Court inter-alia observed that the approval under s. 153D of the Act bein…

M/S Wang Investment & Finance Pvt. Ltd., New Delhi vs. ACIT, New Delhi

In the result, all the appeals of the assessee are allowed

ITA 3036/DEL/2017[2008-09]Status: DisposedITAT Delhi16 Jul 2025AY 2008-09

Bench: Shri Anubhav Sharma & Shri Manish Agarwal

Section 1Section 153ASection 153DSection 250

…e concerned authority has granted approval for 43 cases in a single day which is evident from the findings of the ITAT, succinctly encapsulated in the order extracted above." 12. Similarly, the Hon'ble Orissa High Court in the case of ACIT vs Serajuddin & Co. 454 ITR 312 (Orissa) had an occasion to examine substantial question of law on the propriety of approval granted under s. 153D of the Act. The Hon’ble Orissa High Court made wide ranging observations towards the manner and legality of approval under s. 153D of the Act. The Hon'ble High Court inter-alia observed that the approval under s. 153D of the Act bein…

Ashok Bharti Goswami, Pune vs. ACIT, Central Circle 2(1), Pune

In the result, all the appeals filed by the respective assessees are allowed

ITA 1272/PUN/2024[2018-19]Status: DisposedITAT Pune14 Jul 2025AY 2018-19

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: S/Shri Kishor B Phadke &For Respondent: S/Shri Sandeep Sengupta, CIT &
Section 131Section 132Section 142(1)Section 143(1)Section 153C

…of the Hon’ble Delhi High Court, the Hon'ble Supreme Court dismissed the SLP filed by the Revenue which has been reported in (2024) 466 ITR 254 (SC). 31. Referring to the decision of the Hon’ble Orissa High Court in the case of ACIT v. Serajuddin & Co. (2023) 454 ITR 312 (Ori), he submitted that the Hon’ble High Court in the said decision has held that where assessment orders passed in case of assessee were totally silent about Assessing Officer having written to Additional Commissioner seeking his approval or of Additional Commissioner having granted such approval, Tribunal was correct in holding that in present…

Ashish Ramesh Oswal, Pune vs. ACIT, Central Circle 2(1), Pune

ITA 1271/PUN/2024[2017-18]Status: DisposedITAT Pune14 Jul 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: S/Shri Kishor B Phadke &For Respondent: S/Shri Sandeep Sengupta, CIT &
Section 131Section 132Section 142(1)Section 143(1)Section 153C

…f the Hon'ble Delhi High Court, the Hon'ble Supreme Court dismissed the SLP filed by the Revenue which has been reported in (2024) 466 ITR 254 (SC). 31. Referring to the decision of the Hon'ble Orissa High Court in the case of ACIT v. Serajuddin & Co. (2023) 454 ITR 312 (Ori), he submitted that the Hon'ble High Court in the said decision has held that where assessment orders passed in case of assessee were totally silent about Assessing Officer having written to Additional Commissioner seeking his approval or of Additional Commissioner having granted such approval, Tribunal was correct in holding that in present…

Adish Shantilal Solanki, Pune vs. Assistant Commissioner of Income Tax, Central Circle-2(1), Pune

ITA 1270/PUN/2024[2017-18]Status: DisposedITAT Pune14 Jul 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamore

Section 131Section 132Section 142(1)Section 143(1)Section 153C

…of the Hon'ble Delhi High Court, the Hon'ble Supreme Court dismissed the SLP filed by the Revenue which has been reported in (2024) 466 ITR 254 (SC). 31. Referring to the decision of the Hon'ble Orissa High Court in the case of ACIT v. Serajuddin & Co. (2023) 454 ITR 312 (Ori), he submitted that the Hon'ble High Court in the said decision has held that where assessment orders passed in case of assessee were totally silent about Assessing Officer having written to Additional Commissioner seeking his approval or of Additional Commissioner having granted such approval, Tribunal was correct in holding that in present…

Chitra Narendra Parmar, Pune vs. Assistant Commissioner of Income Tax, Central Circle-2(1), Pune

In the result, all the appeals filed by the respective assessees are allowed

ITA 1269/PUN/2024[2017-18]Status: DisposedITAT Pune14 Jul 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: S/Shri Kishor B Phadke &For Respondent: S/Shri Sandeep Sengupta, CIT &
Section 131Section 132Section 142(1)Section 143(1)Section 153C

…of the Hon’ble Delhi High Court, the Hon'ble Supreme Court dismissed the SLP filed by the Revenue which has been reported in (2024) 466 ITR 254 (SC). 31. Referring to the decision of the Hon’ble Orissa High Court in the case of ACIT v. Serajuddin & Co. (2023) 454 ITR 312 (Ori), he submitted that the Hon’ble High Court in the said decision has held that where assessment orders passed in case of assessee were totally silent about Assessing Officer having written to Additional Commissioner seeking his approval or of Additional Commissioner having granted such approval, Tribunal was correct in holding that in present…

Ramlal Bhikulal Shah, Pune vs. ACIT, Central Circle 2(1), Pune

In the result, all the appeals filed by the respective assessees are allowed

ITA 1268/PUN/2024[2017-18]Status: DisposedITAT Pune14 Jul 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: S/Shri Kishor B Phadke &For Respondent: S/Shri Sandeep Sengupta, CIT &
Section 131Section 132Section 142(1)Section 143(1)Section 153C

…of the Hon’ble Delhi High Court, the Hon'ble Supreme Court dismissed the SLP filed by the Revenue which has been reported in (2024) 466 ITR 254 (SC). 31. Referring to the decision of the Hon’ble Orissa High Court in the case of ACIT v. Serajuddin & Co. (2023) 454 ITR 312 (Ori), he submitted that the Hon’ble High Court in the said decision has held that where assessment orders passed in case of assessee were totally silent about Assessing Officer having written to Additional Commissioner seeking his approval or of Additional Commissioner having granted such approval, Tribunal was correct in holding that in present…

Deepak Kantilal Jain, Pune vs. ACIT, Central Circle 2(1), Pune

The appeal stands dismissed

ITA 1267/PUN/2024[2017-18]Status: DisposedITAT Pune14 Jul 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamore

Section 131Section 132Section 142(1)Section 143(1)Section 153C

…of the Hon'ble Delhi High Court, the Hon'ble Supreme Court dismissed the SLP filed by the Revenue which has been reported in (2024) 466 ITR 254 (SC). 31. Referring to the decision of the Hon'ble Orissa High Court in the case of ACIT v. Serajuddin & Co. (2023) 454 ITR 312 (Ori), he submitted that the Hon'ble High Court in the said decision has held that where assessment orders passed in case of assessee were totally silent about Assessing Officer having written to Additional Commissioner seeking his approval or of Additional Commissioner having granted such approval, Tribunal was correct in holding that in present…

Deepak Kantilal Jain, Pune vs. ACIT, Central Circle 2(1), Pune

The appeal stands dismissed

ITA 1265/PUN/2024[2016-17]Status: DisposedITAT Pune14 Jul 2025AY 2016-17

Bench: Shri R. K. Panda & Shri Vinay Bhamore

Section 131Section 132Section 142(1)Section 143(1)Section 153C

…of the Hon'ble Delhi High Court, the Hon'ble Supreme Court dismissed the SLP filed by the Revenue which has been reported in (2024) 466 ITR 254 (SC). 31. Referring to the decision of the Hon'ble Orissa High Court in the case of ACIT v. Serajuddin & Co. (2023) 454 ITR 312 (Ori), he submitted that the Hon'ble High Court in the said decision has held that where assessment orders passed in case of assessee were totally silent about Assessing Officer having written to Additional Commissioner seeking his approval or of Additional Commissioner having granted such approval, Tribunal was correct in holding that in present…

Ramanlal Bhikulal Shah, Pune vs. ACIT, Central Circle 2(1), Pune

In the result, all the appeals filed by the respective assessees are allowed

ITA 1264/PUN/2024[2016-17]Status: DisposedITAT Pune14 Jul 2025AY 2016-17

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: S/Shri Kishor B Phadke &For Respondent: S/Shri Sandeep Sengupta, CIT &
Section 131Section 132Section 142(1)Section 143(1)Section 153C

…of the Hon’ble Delhi High Court, the Hon'ble Supreme Court dismissed the SLP filed by the Revenue which has been reported in (2024) 466 ITR 254 (SC). 31. Referring to the decision of the Hon’ble Orissa High Court in the case of ACIT v. Serajuddin & Co. (2023) 454 ITR 312 (Ori), he submitted that the Hon’ble High Court in the said decision has held that where assessment orders passed in case of assessee were totally silent about Assessing Officer having written to Additional Commissioner seeking his approval or of Additional Commissioner having granted such approval, Tribunal was correct in holding that in present…

Chitra Narendra Parmar, Pune vs. ACIT, Central Circle 2(1), Pune

In the result, all the appeals filed by the respective assessees are allowed

ITA 1262/PUN/2024[2016-17]Status: DisposedITAT Pune14 Jul 2025AY 2016-17

Bench: Shri R. K. Panda & Shri Vinay Bhamore

For Appellant: S/Shri Kishor B Phadke &For Respondent: S/Shri Sandeep Sengupta, CIT &
Section 131Section 132Section 142(1)Section 143(1)Section 153C

…of the Hon’ble Delhi High Court, the Hon'ble Supreme Court dismissed the SLP filed by the Revenue which has been reported in (2024) 466 ITR 254 (SC). 31. Referring to the decision of the Hon’ble Orissa High Court in the case of ACIT v. Serajuddin & Co. (2023) 454 ITR 312 (Ori), he submitted that the Hon’ble High Court in the said decision has held that where assessment orders passed in case of assessee were totally silent about Assessing Officer having written to Additional Commissioner seeking his approval or of Additional Commissioner having granted such approval, Tribunal was correct in holding that in present…

Rameshwaram Steel and Power Private Ltd., Chhattisgarh vs. DCIT, CC-20, Delhi

In the result, both the appeals of the appellant/assessee are allowed

ITA 1015/DEL/2021[2008-09]Status: DisposedITAT Delhi30 Jun 2025AY 2008-09

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarassessment Year: 2007-08 Assessment Year: 2008-09 Rameshwaram Steel & Vs The Deputy Power Private Ltd., . Commissioner Of Income 1, Village Bade Guma, Tax, Ghar Ghoda, Raigarh Central Circle-20, Chhattisgarh New Delhi Delhi- 496001 Pan No. Aaccr7462A (Appellant) (Respondent)

For Appellant: Shri Ved Jain, Adv. &For Respondent: Shri Dayainder Singh Sidhu
Section 132Section 142(1)Section 153ASection 153BSection 153CSection 153DSection 250

…the fact that in the instant case, the concerned authority has granted approval for 43 cases in a single day which is evident from the findings of the ITAT, succinctly extracted above.” 9. The Hon’ble Orissa High Court in the case of ACIT vs Serajuddin & Co. 454 ITR 312 (Orissa) had an occasion to examine substantial question of law on the propriety of approval granted under s. 153D of the Act. The Hon’ble High Court made wide ranging observations towards the manner and legality of approval under s. 153D of the Act by observing that the approval under s. 153D of the Act being mandatory, while elaborate reasons n…

Rameshwaram Steel and Power Private Ltd., Chhattisgarh vs. DCIT, CC-20, New Delhi

In the result, both the appeals of the appellant/assessee are allowed

ITA 1014/DEL/2021[2007-08]Status: DisposedITAT Delhi30 Jun 2025AY 2007-08

Bench: Shri S Rifaur Rahman & Shri Vimal Kumarassessment Year: 2007-08 Assessment Year: 2008-09 Rameshwaram Steel & Vs The Deputy Power Private Ltd., . Commissioner Of Income 1, Village Bade Guma, Tax, Ghar Ghoda, Raigarh Central Circle-20, Chhattisgarh New Delhi Delhi- 496001 Pan No. Aaccr7462A (Appellant) (Respondent)

For Appellant: Shri Ved Jain, Adv. &For Respondent: Shri Dayainder Singh Sidhu
Section 132Section 142(1)Section 153ASection 153BSection 153CSection 153DSection 250

…the fact that in the instant case, the concerned authority has granted approval for 43 cases in a single day which is evident from the findings of the ITAT, succinctly extracted above.” 9. The Hon’ble Orissa High Court in the case of ACIT vs Serajuddin & Co. 454 ITR 312 (Orissa) had an occasion to examine substantial question of law on the propriety of approval granted under s. 153D of the Act. The Hon’ble High Court made wide ranging observations towards the manner and legality of approval under s. 153D of the Act by observing that the approval under s. 153D of the Act being mandatory, while elaborate reasons n…

Tara Health Foods Limited, Malerkotla vs. DCIT, Ludhiana

In the result, ITA No.1036/CHD/2013 is partly allowed, whereas ITA No

ITA 754/CHANDI/2017[2010-11]Status: DisposedITAT Chandigarh18 Jun 2025AY 2010-11

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 1036/Chd/2013 & Ita 754/Chd/2017 "नधा"रण वष" / Assessment Year: 2010-11 M/S Tara Health Foods Ltd., Vs The Dcit, Village Jitwal Kalan, Central Circle-1, Tehsil – Malerkotla. Ludhiana. "थायी लेखा सं./Pan No: Aacct3940R अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Ashwani Kumar, Ca & Ms.Deepali Aggarwal,Ca Revenue By : Smt. Kusum Bansal, Cit Dr Date Of Hearing : 09.04.2025 Date Of Pronouncement : 18.06.2025 Hybrid Hearing O R D E R

For Appellant: Shri Ashwani Kumar, CA and Ms.Deepali Aggarwal,CAFor Respondent: Smt. Kusum Bansal, CIT DR
Section 132Section 133(6)Section 143(2)Section 143(3)Section 153ASection 271ASection 271D

…ble Supreme Court in the case of Additional Commissioner of Income-tax v. Serajuddin and Co. [2024] 163 taxmann.com 118 (SC) 2. Judgement passed by Hon'ble High Court of Orrisa in the case of Additional Commissioner of Income-tax vs. Serajuddin and Co. [2023] 454 ITR 312 (Orrisa) 3. Judgement passed by Hon'ble Supreme Court in the case of Principal Commissioner of Income Tax v. Anuj Bansal [2024] 466 ITR 254 (SC) 4. Judgement passed by Hon'ble High Court of Delhi in the case of Principal Commissioner of Income Tax (Central)-2 v. Anuj Bansal [2024] 466 ITR 251 (Delhi) 5. Judgement passed by Hon'ble High Court of D…

Tara Health Foods Ltd., Malerkotla vs. DCIT, Ludhiana

In the result, ITA No.1036/CHD/2013 is partly allowed, whereas ITA No

ITA 1036/CHANDI/2013[2010-11]Status: DisposedITAT Chandigarh18 Jun 2025AY 2010-11

Bench: Shri Rajpal Yadav & Shri Manoj Kumar Aggarwalआयकर अपील सं./ Ita No. 1036/Chd/2013 & Ita 754/Chd/2017 "नधा"रण वष" / Assessment Year: 2010-11 M/S Tara Health Foods Ltd., Vs The Dcit, Village Jitwal Kalan, Central Circle-1, Tehsil – Malerkotla. Ludhiana. "थायी लेखा सं./Pan No: Aacct3940R अपीलाथ"/Appellant ""यथ"/Respondent Assessee By : Shri Ashwani Kumar, Ca & Ms.Deepali Aggarwal,Ca Revenue By : Smt. Kusum Bansal, Cit Dr Date Of Hearing : 09.04.2025 Date Of Pronouncement : 18.06.2025 Hybrid Hearing O R D E R

For Appellant: Shri Ashwani Kumar, CA and Ms.Deepali Aggarwal,CAFor Respondent: Smt. Kusum Bansal, CIT DR
Section 132Section 133(6)Section 143(2)Section 143(3)Section 153ASection 271ASection 271D

…ble Supreme Court in the case of Additional Commissioner of Income-tax v. Serajuddin and Co. [2024] 163 taxmann.com 118 (SC) 2. Judgement passed by Hon'ble High Court of Orrisa in the case of Additional Commissioner of Income-tax vs. Serajuddin and Co. [2023] 454 ITR 312 (Orrisa) 3. Judgement passed by Hon'ble Supreme Court in the case of Principal Commissioner of Income Tax v. Anuj Bansal [2024] 466 ITR 254 (SC) 4. Judgement passed by Hon'ble High Court of Delhi in the case of Principal Commissioner of Income Tax (Central)-2 v. Anuj Bansal [2024] 466 ITR 251 (Delhi) 5. Judgement passed by Hon'ble High Court of D…

ACIT, CC-13, New Delhi vs. Minda Capital Pvt. Ltd., New Delhi

In the result, the appeal being ITA No

ITA 1856/DEL/2021[2017-18]Status: DisposedITAT Delhi13 Jun 2025AY 2017-18

Bench: Shris.Rifaur Rahman & Shri Anubhav Sharma

For Appellant: Shri Salil Aggarwal, Sr. AdvocateFor Respondent: Shri Sunil Kumar Yadav, CIT DR
Section 153ASection 153DSection 69C

…rted in 165 taxmann.com 2. Copy of Judgment of Hon'ble High Court of Allahabad in the 17-21 case of PCIT vs Sapna Gupta reported in 147 taxmann.com 288. Copy of judgment of Hon'ble High Court of Orissa in the case of 22-31 ACIT vs Serajuddin & Co. reported in 454 ITR 312. Copy of judgment of Hon'ble Supreme Court in the case of PCIT 32-33 vs Anuj Bansal reported in l65 Taxmann.com 3. ITA Nos.1855 & 1856/DEL/2021 Copy of judgment of Hon'ble Supreme Court in the case of ACIT 34-35 vs Serajuddin & Co. reported in 163 taxmann.com 118. Copy of order of Hon'ble ITAT Delhi in the case of Millenium 36-53 Vinimay Pvt. Ltd…

ACIT-CC-13, New Delhi vs. Minda Capital Pvt. Ltd., New Delhi

In the result, the appeal being ITA No

ITA 1855/DEL/2021[2016-17]Status: DisposedITAT Delhi13 Jun 2025AY 2016-17

Bench: Shris.Rifaur Rahman & Shri Anubhav Sharma

For Appellant: Shri Salil Aggarwal, Sr. AdvocateFor Respondent: Shri Sunil Kumar Yadav, CIT DR
Section 153ASection 153DSection 69C

…rted in 165 taxmann.com 2. Copy of Judgment of Hon'ble High Court of Allahabad in the 17-21 case of PCIT vs Sapna Gupta reported in 147 taxmann.com 288. Copy of judgment of Hon'ble High Court of Orissa in the case of 22-31 ACIT vs Serajuddin & Co. reported in 454 ITR 312. Copy of judgment of Hon'ble Supreme Court in the case of PCIT 32-33 vs Anuj Bansal reported in l65 Taxmann.com 3. ITA Nos.1855 & 1856/DEL/2021 Copy of judgment of Hon'ble Supreme Court in the case of ACIT 34-35 vs Serajuddin & Co. reported in 163 taxmann.com 118. Copy of order of Hon'ble ITAT Delhi in the case of Millenium 36-53 Vinimay Pvt. Ltd…