M/s Sahara India (Farms) v. CIT & Anr.

300 ITR 403Supreme Court of India2008#300 most cited

What is M/s Sahara India (Farms) v. CIT & Anr. authority for?

Administrative orders must be consistent with the rules of natural justice.

268

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2016 to 2026.

Also referred to as

M/s Sahara India (Farms) v CIT · 300 ITR 403 SC · administrative order · natural justice · speaking order

Sections most often in play

Section 143(3)Section 153ASection 153DSection 132Section 148Section 142(2A)Section 147Section 153C

Issues it is cited on

section 274(2)section 144basection 243section 153a(1)(a)section 142(2a)section 158bgsection 37bsection 245hacasus omissussection 43(3)section 245csection 271aaa

Judgments citing M/s Sahara India (Farms) v. CIT & Anr.

Puneet Kulthia, Delhi vs. DCIT, Central Circle-14, Delhi

In the result, appeal of the assessee is allowed

ITA 1151/DEL/2025[2014-15]Status: DisposedITAT Delhi17 Sept 2025AY 2014-15

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

For Appellant: Shri Amit Goel, CAFor Respondent: Ms. Suman Malik, CIT DR
Section 143(2)Section 153Section 153ASection 153DSection 154

…In its erudite judgement with the discussion on the legislative intent of Section 153A to 153D and the meaning of the "approval" as defined in Black's Law Dictionary as also the decisions of the Apex Court in the case of Sahara India vs. CIT and Others (2008) 300 ITR 403 (SC) where the discussion on the requirement of prior approval of Chief Commissioner or Commissioner in terms of provision of Section 142(2A) of the Act had been made, it was noted that the Apex Court has held therein that the requirement of previous approval of the Chief Commissioner or Commissioner in terms of the said provision being an in-bui…

Puneet Kulthia, Delhi vs. DCIT Central Circle-14, Delhi

In the result, appeal of the assessee is allowed

ITA 1150/DEL/2025[2013-14]Status: DisposedITAT Delhi17 Sept 2025AY 2013-14

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

For Appellant: Shri Amit Goel, CAFor Respondent: Ms. Suman Malik, CIT DR
Section 143(2)Section 153Section 153ASection 153DSection 154

…In its erudite judgement with the discussion on the legislative intent of Section 153A to 153D and the meaning of the "approval" as defined in Black's Law Dictionary as also the decisions of the Apex Court in the case of Sahara India vs. CIT and Others (2008) 300 ITR 403 (SC) where the discussion on the requirement of prior approval of Chief Commissioner or Commissioner in terms of provision of Section 142(2A) of the Act had been made, it was noted that the Apex Court has held therein that the requirement of previous approval of the Chief Commissioner or Commissioner in terms of the said provision being an in-bui…

Puneet Kulthia, Delhi vs. DCIT, Central Circle-14, Delhi

In the result, appeal of the assessee is allowed

ITA 1149/DEL/2025[2012-13]Status: DisposedITAT Delhi17 Sept 2025AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

For Appellant: Shri Amit Goel, CAFor Respondent: Ms. Suman Malik, CIT DR
Section 143(2)Section 153Section 153ASection 153DSection 154

…In its erudite judgement with the discussion on the legislative intent of Section 153A to 153D and the meaning of the "approval" as defined in Black's Law Dictionary as also the decisions of the Apex Court in the case of Sahara India vs. CIT and Others (2008) 300 ITR 403 (SC) where the discussion on the requirement of prior approval of Chief Commissioner or Commissioner in terms of provision of Section 142(2A) of the Act had been made, it was noted that the Apex Court has held therein that the requirement of previous approval of the Chief Commissioner or Commissioner in terms of the said provision being an in-bui…

Puneet Kulthia, Delhi vs. DCIT Central Circle-14, Delhi

In the result, appeal of the assessee is allowed

ITA 1148/DEL/2025[2011-12]Status: DisposedITAT Delhi17 Sept 2025AY 2011-12

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

For Appellant: Shri Amit Goel, CAFor Respondent: Ms. Suman Malik, CIT DR
Section 143(2)Section 153Section 153ASection 153DSection 154

…In its erudite judgement with the discussion on the legislative intent of Section 153A to 153D and the meaning of the "approval" as defined in Black's Law Dictionary as also the decisions of the Apex Court in the case of Sahara India vs. CIT and Others (2008) 300 ITR 403 (SC) where the discussion on the requirement of prior approval of Chief Commissioner or Commissioner in terms of provision of Section 142(2A) of the Act had been made, it was noted that the Apex Court has held therein that the requirement of previous approval of the Chief Commissioner or Commissioner in terms of the said provision being an in-bui…

Puneet Kulthia, Delhi vs. DCIT, Central Circle-14, Delhi

In the result, appeal of the assessee is allowed

ITA 1147/DEL/2025[2010-11]Status: DisposedITAT Delhi17 Sept 2025AY 2010-11

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

For Appellant: Shri Amit Goel, CAFor Respondent: Ms. Suman Malik, CIT DR
Section 143(2)Section 153Section 153ASection 153DSection 154

…In its erudite judgement with the discussion on the legislative intent of Section 153A to 153D and the meaning of the "approval" as defined in Black's Law Dictionary as also the decisions of the Apex Court in the case of Sahara India vs. CIT and Others (2008) 300 ITR 403 (SC) where the discussion on the requirement of prior approval of Chief Commissioner or Commissioner in terms of provision of Section 142(2A) of the Act had been made, it was noted that the Apex Court has held therein that the requirement of previous approval of the Chief Commissioner or Commissioner in terms of the said provision being an in-bui…

Puneet Kulthia, Delhi vs. DCIT, Central Circle-14, Delhi

In the result, appeal of the assessee is allowed

ITA 1146/DEL/2025[2009-10]Status: DisposedITAT Delhi17 Sept 2025AY 2009-10

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

For Appellant: Shri Amit Goel, CAFor Respondent: Ms. Suman Malik, CIT DR
Section 143(2)Section 153Section 153ASection 153DSection 154

…In its erudite judgement with the discussion on the legislative intent of Section 153A to 153D and the meaning of the "approval" as defined in Black's Law Dictionary as also the decisions of the Apex Court in the case of Sahara India vs. CIT and Others (2008) 300 ITR 403 (SC) where the discussion on the requirement of prior approval of Chief Commissioner or Commissioner in terms of provision of Section 142(2A) of the Act had been made, it was noted that the Apex Court has held therein that the requirement of previous approval of the Chief Commissioner or Commissioner in terms of the said provision being an in-bui…

Puneet Kulthia, Delhi vs. DCIT, Central Circle-14, Delhi

In the result, appeal of the assessee is allowed

ITA 1145/DEL/2025[2008-09]Status: DisposedITAT Delhi17 Sept 2025AY 2008-09

Bench: Shri S. Rifaur Rahman & Shri Yogesh Kumar U.S.

For Appellant: Shri Amit Goel, CAFor Respondent: Ms. Suman Malik, CIT DR
Section 143(2)Section 153Section 153ASection 153DSection 154

…In its erudite judgement with the discussion on the legislative intent of Section 153A to 153D and the meaning of the "approval" as defined in Black's Law Dictionary as also the decisions of the Apex Court in the case of Sahara India vs. CIT and Others (2008) 300 ITR 403 (SC) where the discussion on the requirement of prior approval of Chief Commissioner or Commissioner in terms of provision of Section 142(2A) of the Act had been made, it was noted that the Apex Court has held therein that the requirement of previous approval of the Chief Commissioner or Commissioner in terms of the said provision being an in-bui…

Income Tax Officer, Jaipur vs. Pooja Kedia, Jaipuir

In the result, the appeal of the revenue is dismissed

ITA 1321/JPR/2024[2019-20]Status: DisposedITAT Jaipur07 Aug 2025AY 2019-20
For Appellant: Sh. Siddharth Ranka, Adv. &For Respondent: Sh. Gaurav Awasthi, JCIT, Sr. DR
Section 142(1)Section 147Section 148ASection 68

…an 168 (SC) it was held that though natural justice does not form part of any Act yet it have to be implemented. This principle was reaffirmed by the Supreme Court in another case Sahara India (Firm) vs CIT Central, reported in2008] 169 Taxman 328 (SC)/[2008] 300 ITR 403 (SC)/[2008]. In this case it was held that the exercise of powers under Section 142(2A) cannot happen without an opportunity of hearing to the assessee. 10.In another case PCIT (Central) vs Oriental Power Cables Ltd reported in [2022]143 taxmann.com 371 (SC) The Supreme Court rejected an SLP where the High Court had deleted the addition for absen…

K.K.Radhakrishnan, Kannur vs. DCIT, Kozhikkode

ITA 520/COCH/2023[2012-13]Status: DisposedITAT Cochin04 Aug 2025AY 2012-13

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri Arun Raj S, AdvocateFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 153ASection 153DSection 69C

…hout application of mind. Where the approval is granted mechanically, it would vitiate the assessment order itself. Reliance, in this regard, can be placed in the case of Rajesh Kumar vs. DCIT (2006) 287 ITR 91 (SC) and also Sahara India (Firm) vs. CIT [2008] 300 ITR 403 (SC). The issue whether the JCIT had accorded the approval mechanically or not has to be judged based on the material on the basis of which the JCIT formed the opinion and accorded the approval. In the present case, no material was produced before us to show that JCIT had accorded approval u/sec. 153D mechanically except by filing the following c…

K.K.Radhakrishnan, Kannur vs. DCIT, Kozhikkode

In the result, appeal of the assessee is dismissed

ITA 519/COCH/2023[2010-11]Status: DisposedITAT Cochin04 Aug 2025AY 2010-11

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri Arun Raj S, AdvocateFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 153ASection 153DSection 69C

…hout application of mind. Where the approval is granted mechanically, it would vitiate the assessment order itself. Reliance, in this regard, can be placed in the case of Rajesh Kumar vs. DCIT (2006) 287 ITR 91 (SC) and also Sahara India (Firm) vs. CIT [2008] 300 ITR 403 (SC). The issue whether the JCIT had accorded the approval mechanically or not has to be judged based on the material on the basis of which the JCIT formed the opinion and accorded the approval. In the present case, no material was produced before us to show that JCIT had accorded approval u/sec. 153D mechanically except by filing the following…

Kk Radhakrishnan, Kannur vs. DCIT Central Circle 2, Kozhikode

ITA 518/COCH/2023[2009-10]Status: DisposedITAT Cochin04 Aug 2025AY 2009-10

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Respondent byFor Respondent: Shri Arun Raj S, Advocate
Section 132Section 153ASection 153DSection 69C

…hout application of mind. Where the approval is granted mechanically, it would vitiate the assessment order itself. Reliance, in this regard, can be placed in the case of Rajesh Kumar vs. DCIT (2006) 287 ITR 91 (SC) and also Sahara India (Firm) vs. CIT [2008] 300 ITR 403 (SC). The issue whether the JCIT had accorded the approval mechanically or not has to be judged based on the material on the basis of which the JCIT formed the opinion and accorded the approval. In the present case, no material was produced before us to show that JCIT had accorded approval u/sec. 153D mechanically except by filing the following c…

Kk Radhakrishnan, Kannur vs. DCIT Central Circle 2, Kozhikode

ITA 517/COCH/2023[2007-08]Status: DisposedITAT Cochin04 Aug 2025AY 2007-08

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri Arun Raj S, AdvocateFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 153ASection 153DSection 69C

…hout application of mind. Where the approval is granted mechanically, it would vitiate the assessment order itself. Reliance, in this regard, can be placed in the case of Rajesh Kumar vs. DCIT (2006) 287 ITR 91 (SC) and also Sahara India (Firm) vs. CIT [2008] 300 ITR 403 (SC). The issue whether the JCIT had accorded the approval mechanically or not has to be judged based on the material on the basis of which the JCIT formed the opinion and accorded the approval. In the present case, no material was produced before us to show that JCIT had accorded approval u/sec. 153D mechanically except by filing the following c…

Kk Mohandas, Kannur vs. DCIT Central Circle 2, Kozhikode

In the result, appeal of the assessee is dismissed

ITA 499/COCH/2023[2012-13]Status: DisposedITAT Cochin04 Aug 2025AY 2012-13

Bench: Shri Inturi Ramarao, Am& Shri Sonjoy Sarma, Jm

For Appellant: Shri Arun Raj S., AdvocateFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 132(4)Section 153ASection 153DSection 69C

…hout application of mind. Where the approval is granted mechanically, it would vitiate the assessment order itself. Reliance, in this regard, can be placed in the case of Rajesh Kumar vs. DCIT (2006) 287 ITR 91 (SC) and also Sahara India (Firm) vs. CIT [2008] 300 ITR 403 (SC). The issue whether the JCIT had accorded the approval mechanically or not has to be judged based on the material on the basis of which the JCIT formed the opinion and accorded the approval. In the present case, no material was produced before us to show that JCIT had accorded approval u/sec. 153D mechanically except by filing the following…

Kk Mohandas, Kannur vs. DCIT Central Circle 2, Kozhikode

In the result, appeal of the assessee is dismissed

ITA 498/COCH/2023[2011-12]Status: DisposedITAT Cochin04 Aug 2025AY 2011-12

Bench: Shri Inturi Ramarao, Am& Shri Sonjoy Sarma, Jm

For Appellant: Shri Arun Raj S., AdvocateFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 132(4)Section 153ASection 153DSection 69C

…hout application of mind. Where the approval is granted mechanically, it would vitiate the assessment order itself. Reliance, in this regard, can be placed in the case of Rajesh Kumar vs. DCIT (2006) 287 ITR 91 (SC) and also Sahara India (Firm) vs. CIT [2008] 300 ITR 403 (SC). The issue whether the JCIT had accorded the approval mechanically or not has to be judged based on the material on the basis of which the JCIT formed the opinion and accorded the approval. In the present case, no material was produced before us to show that JCIT had accorded approval u/sec. 153D mechanically except by filing the following…

Kk Mohandas, Kannur vs. DCIT Central Circle 2, Kozhikode

In the result, appeal of the assessee is dismissed

ITA 496/COCH/2023[2009-10]Status: DisposedITAT Cochin04 Aug 2025AY 2009-10

Bench: Shri Inturi Ramarao, Am& Shri Sonjoy Sarma, Jm

For Appellant: Shri Arun Raj S., AdvocateFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 132(4)Section 153ASection 153DSection 69C

…hout application of mind. Where the approval is granted mechanically, it would vitiate the assessment order itself. Reliance, in this regard, can be placed in the case of Rajesh Kumar vs. DCIT (2006) 287 ITR 91 (SC) and also Sahara India (Firm) vs. CIT [2008] 300 ITR 403 (SC). The issue whether the JCIT had accorded the approval mechanically or not has to be judged based on the material on the basis of which the JCIT formed the opinion and accorded the approval. In the present case, no material was produced before us to show that JCIT had accorded approval u/sec. 153D mechanically except by filing the following…

Kk Mohandas, Kannur vs. DCIT Central Circle 2, Kozhikode

In the result, appeal of the assessee is dismissed

ITA 495/COCH/2023[2008-09]Status: DisposedITAT Cochin04 Aug 2025AY 2008-09

Bench: Shri Inturi Ramarao, Am& Shri Sonjoy Sarma, Jm

For Appellant: Shri Arun Raj S., AdvocateFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 132(4)Section 153ASection 153DSection 69C

…hout application of mind. Where the approval is granted mechanically, it would vitiate the assessment order itself. Reliance, in this regard, can be placed in the case of Rajesh Kumar vs. DCIT (2006) 287 ITR 91 (SC) and also Sahara India (Firm) vs. CIT [2008] 300 ITR 403 (SC). The issue whether the JCIT had accorded the approval mechanically or not has to be judged based on the material on the basis of which the JCIT formed the opinion and accorded the approval. In the present case, no material was produced before us to show that JCIT had accorded approval u/sec. 153D mechanically except by filing the following…

K.K.Builders, Kannur vs. DCIT, Kozhikkode

In the result, appeal of the assessee is dismissed

ITA 237/COCH/2023[2012-13]Status: DisposedITAT Cochin01 Aug 2025AY 2012-13

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri Arun Raj S, AdvocateFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 143(3)Section 153ASection 153D

…hout application of mind. Where the approval is granted mechanically, it would vitiate the assessment order itself. Reliance, in this regard, can be placed in the case of Rajesh Kumar vs. DCIT (2006) 287 ITR 91 (SC) and also Sahara India (Firm) vs. CIT [2008] 300 ITR 403 (SC). The issue whether the JCIT had accorded the approval mechanically or not has to be judged based on the material on the basis of which the JCIT formed the opinion and accorded the approval. In the present case, no material was produced before us to show that JCIT had accorded approval u/sec. 153D mechanically except by filing the following…

K.K.Builders, Kannur vs. DCIT, Kozhikkode

In the result, appeal of the assessee is dismissed

ITA 236/COCH/2023[2011-12]Status: DisposedITAT Cochin01 Aug 2025AY 2011-12

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri Arun Raj S, AdvocateFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 143(3)Section 153ASection 153D

…hout application of mind. Where the approval is granted mechanically, it would vitiate the assessment order itself. Reliance, in this regard, can be placed in the case of Rajesh Kumar vs. DCIT (2006) 287 ITR 91 (SC) and also Sahara India (Firm) vs. CIT [2008] 300 ITR 403 (SC). The issue whether the JCIT had accorded the approval mechanically or not has to be judged based on the material on the basis of which the JCIT formed the opinion and accorded the approval. In the present case, no material was produced before us to show that JCIT had accorded approval u/sec. 153D mechanically except by filing the following…

K.K.Builders, Kannur vs. DCIT, Kozhikkode

In the result, appeal of the assessee is dismissed

ITA 235/COCH/2023[2010-2011]Status: DisposedITAT Cochin01 Aug 2025AY 2010-2011

Bench: Shri Inturi Rama Rao, Am & Shri Sonjoy Sarma, Jm

For Appellant: Shri Arun Raj S, AdvocateFor Respondent: Shri Suresh Sivanandan, CIT-DR
Section 132Section 143(3)Section 153ASection 153D

…hout application of mind. Where the approval is granted mechanically, it would vitiate the assessment order itself. Reliance, in this regard, can be placed in the case of Rajesh Kumar vs. DCIT (2006) 287 ITR 91 (SC) and also Sahara India (Firm) vs. CIT [2008] 300 ITR 403 (SC). The issue whether the JCIT had accorded the approval mechanically or not has to be judged based on the material on the basis of which the JCIT formed the opinion and accorded the approval. In the present case, no material was produced before us to show that JCIT had accorded approval u/sec. 153D mechanically except by filing the following…

DCIT, Swargate Pune vs. Grihum Housing Finance Limited, Pune

In the result, the Cross Objection filed by the assessee is allowed and the appeal filed by the Revenue is dismissed

ITA 1883/PUN/2024[2019-20]Status: DisposedITAT Pune12 Jun 2025AY 2019-20

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2019-20

For Appellant: S/Shri Nikhil Mutha and Abhilash HiranFor Respondent: Shri Ramnath P Murkunde
Section 143(1)Section 2(91)Section 36(1)(va)

…Welfare Trust vs. ITO (1993) 199 ITR 765 (Raj) (d) Vodafone Idea Ltd. vs. ACIT (2020) 424 ITR 664 (SC) (e) Khatau Junkar Ltd. vs. K.S. Pathania (1992) 196 ITR 55 (Bom) (f) Rajesh Kumar vs. DCIT (2006) 157 Taxman 168 (SC) (g) Sahara India (Firm) vs. CIT (2008) 300 ITR 403 (SC) (h) Peerless General Finance & Investment Co. Ltd. vs. DCIT (1999) 236 ITR 671 (Cal) (i) M/s. New Bridge Centre Pvt. Ltd. vs. DCIT vide ITA No.1620/Bang/2017 order dated 26.06.2020 (j) DCIT vs. Microland Limited vide ITA No.1154/Bang/2024, order dated 15.01.2025 12. Referring to the decision of the Hon’ble Kerala High Court in the case of P…