Rishabchand Bhansali v. Dy. CIT

267 ITR 577High Court2004#458 most cited

What is Rishabchand Bhansali v. Dy. CIT authority for?

The previous approval required for assessment orders under provisions like Section 158BG or Section 153D is an administrative power and an internal matter, not deciding the assessee's rights. A mere irregularity in granting such administrative approval does not vitiate the assessment order.

202

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2019 to 2026.

Also referred to as

Rishabchand Bhansali v. Dy. CIT · 267 ITR 577 · Section 158BG approval · Section 153D approval · administrative power · internal matter · irregularity in approval · not fatal to assessment · search assessment approval · block assessment approval

Issues it is cited on

Judgments citing Rishabchand Bhansali v. Dy. CIT

Kailash Gahlot, New Delhi vs. DCIT, Central Circle-4, New Delhi

In the result, the appeal of the assessee is partly allowed as above

ITA 3431/DEL/2023[2015-16]Status: DisposedITAT Delhi24 Oct 2025AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri Avdhesh Kumar Mishraita No.3431/Del./2023, A.Y. 2015-16 Kailash Gahlot Deputy Commissioner Of C-6/6172, Vasant Kunj, Income Tax, New Delhi Vs. Central Circle-4, Pan: Aajpg2849N New Delhi (Appellant) (Respondent) Appellant By Sh. Vinod Kumar Bindal, Ca Sh. Anmol Jha, Advocate Respondent By Sh. Dayainder Singh Sidhu, Cit-Dr Date Of Hearing 28/07/2025 Date Of Pronouncement 24/10/2025 Order Per Avdhesh Kumar Mishra, Am This Appeal Of The Assessee For Assessment Year (‘Ay’) 2015-16 Is Directed Against The Order Dated 30.09.2023 Of The Commissioner Of Income Tax (Appeals)-23, New Delhi [‘Cit(A)’].

Section 115BSection 132(4)Section 153DSection 69C

…but only considers whether the Assessing Officer has fulfilled the requirements of section 153A/153C. The Hon'ble Karnataka High Court in its decision in Income Tax Appeal No. 63/2004 dated 23.2.2004 the case of Rishabchand Bhansali v. DCIT reported in [2004] 267 ITR 577. The Hon'ble Court has stated as under: "4.2 thirdly the order passed by the Joint Commissioner granting previous approval under the proviso to Section 158BG is in exercise of administrative power on being satisfied that the order of assessment has been made in accordance with the provisions of Chapter XIV-B. The previous approval is purely an in…