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

Issues it is cited on

Judgments citing ACIT v. Serajuddin & Co.

Pr. Commissioner of Income Tax -15 vs. Shiv Kumar Nayyar

The appeal stands dismissed

ITA - 285 / 2024HC Delhi15 May 2024

Bench: Us For Adjudication Pertains To Whether, Under The Facts Of The Present Case, The Specified Authority Has Granted Approval In Accordance With The Mandate Of Section 153D Of The Income Tax Act, 1961 [“Act”]? 2. The Instant Appeal, At The Instance Of The Revenue, Impugns The Order Of The Income Tax Appellate Tribunal [“Itat”] Dated 26.07.2023, Whereby, The Assessment Order Has Been Held To Be Illegal For Lack Of Appropriate Approval Under Section 153D Of The Act. 3. As Per Record, The Appeal Pertains To Assessment Year [“Ay”] 2015-16. The Dispute Essentially Emanates From A Search & Seizure Operation Which Was Conducted On 18.11.2016 Under Section 132 Of This Is A Digitally Signed Order. The Authenticity Of The Order Can Be Re-Verified From Delhi High Court Order Portal By Scanning The Qr Code Shown Above. The Order Is Downloaded From The Dhc Server On 27/03/2026 At 12:44:08

Section 127Section 132Section 133ASection 143(1)Section 143(2)Section 143(3)Section 153ASection 153D

…$~68 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 285/2024 & CM APPL 28994/2024 PR. COMMISSIONER OF INCOME TAX -15..... Appellant Through: Mr. Ruchir Bhatia, Sr. SC alongwith Mr. Anant Mann, Jr. SC. versus SHIV KUMAR NAYYAR ..... Respondent Through: Mr. Salil Kapoor, Mr. Sumit Lalchandani, Ms. Ananya Kapoor and Mr. Vibhu Jain, Advocates CORAM: HON'BLE MR. JUSTICE YASHWANT VARMA HON'BLE MR. JUSTICE PURUSHAINDRA KUMAR KAURAV O R D E R % 15.05.2024 PER: PU…