Shreelekha Damani v. DCIT

173 TTJ 332Income Tax Appellate Tribunal2015#365 most cited

What is Shreelekha Damani v. DCIT authority for?

Approval granted by a superior authority under Section 153D in a mechanical or perfunctory manner, without proper application of mind, lacks legal sanctity and renders the subsequent assessment order null and void.

236

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2018 to 2026.

Also referred to as

Shreelekha Damani v. DCIT · Section 153D · prior approval · mechanical approval · perfunctory approval · lack of application of mind · search assessment · assessment null and void · Bombay High Court affirmation · 173 TTJ 332

Issues it is cited on

Judgments citing Shreelekha Damani v. DCIT

INDU GUPTA,DELHI vs. ACIT-CC1-6, DELHI

In the result, the appeal relating to assessment year 2015-16 filed by the assessee is allowed in the aforesaid manner

ITA 6660/DEL/2025[2017-2018]Status: DisposedITAT Delhi20 Mar 2026AY 2017-2018

Bench: Shris.Rifaur Rahman & Shri Sudhir Kumar & Indu Gupta, Vs. Acit, Central Circle-16, 1576, Nai Basti, Jhandewalan Extn., S.P. Mukherjee Marg, New Delhi – 55 Delhi – 110009 (Pan : Abspg2526N) (Appellant) (Respondent) Assessee By : Shri Mohit Gupta, Ca & Shri Mirza Muhiuddin Baig, Ca Revenue By : Ms. Pooja Swaroop, Cit(Dr) Date Of Hearing : 26.02.2026 Date Of Order : 20.03.2026 Order Per S.Rifaur Rahman, Am: 1. These Appeals Are Filed By The Assessee Against The Respective Orders Of Ld. Pr. Commissioner Of Income-Tax Appeals-26, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] For Assessment Years 2015-16 & 2017-18 Respectively. Since The Issues Involved In These Appeals Are Inter-Connected, Hence, The Appeals Were Heard Together & Disposed Of By This Common Order For The Sake Of Convenience, By Dealing With The Facts Of Assessment Year 2015-16, Being The Lead Case. 2. During The Hearing, Ld. Ar Has Submitted That A Search & Seizure Action Was Conducted In The Case Of Rakesh Jain Group On 2.11.2017 Wherein M/S

For Appellant: Shri Mohit Gupta, CA and Shri MirzaFor Respondent: Ms. Pooja Swaroop, CIT(DR)
Section 153ASection 153CSection 153D

…ted by the superior authority in mechanical manner defeats the very purpose of obtaining approval u/s 153D of the Act. Such perfunctory approval has no legal sanctity in the eyes of the law. The decision of the co- ordinate bench in Shreelekha Damani vs. DCIT 173 TTJ 332(Mum.) which has been approved by jurisdictional High Court subsequently, reported in 307 CTR 218 affirms the plea of the Assessee, wherein the Hon'ble Bombay High Court held as under:- "1. This appeal is filed by the Revenue challenging the judgment of Income Tax Appellate Tribunal ("the Tribunal" for short) dated 19th August, 2015. 2. Following…

MRS INDU GUPTA,DELHI vs. ACIT-CC-16, DELHI

In the result, the appeal relating to assessment year 2015-16 filed by the assessee is allowed in the aforesaid manner

ITA 6659/DEL/2025[2015-2016]Status: DisposedITAT Delhi20 Mar 2026AY 2015-2016

Bench: Shris.Rifaur Rahman & Shri Sudhir Kumar & Indu Gupta, Vs. Acit, Central Circle-16, 1576, Nai Basti, Jhandewalan Extn., S.P. Mukherjee Marg, New Delhi – 55 Delhi – 110009 (Pan : Abspg2526N) (Appellant) (Respondent) Assessee By : Shri Mohit Gupta, Ca & Shri Mirza Muhiuddin Baig, Ca Revenue By : Ms. Pooja Swaroop, Cit(Dr) Date Of Hearing : 26.02.2026 Date Of Order : 20.03.2026 Order Per S.Rifaur Rahman, Am: 1. These Appeals Are Filed By The Assessee Against The Respective Orders Of Ld. Pr. Commissioner Of Income-Tax Appeals-26, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] For Assessment Years 2015-16 & 2017-18 Respectively. Since The Issues Involved In These Appeals Are Inter-Connected, Hence, The Appeals Were Heard Together & Disposed Of By This Common Order For The Sake Of Convenience, By Dealing With The Facts Of Assessment Year 2015-16, Being The Lead Case. 2. During The Hearing, Ld. Ar Has Submitted That A Search & Seizure Action Was Conducted In The Case Of Rakesh Jain Group On 2.11.2017 Wherein M/S

For Appellant: Shri Mohit Gupta, CA and Shri MirzaFor Respondent: Ms. Pooja Swaroop, CIT(DR)
Section 153ASection 153CSection 153D

…ted by the superior authority in mechanical manner defeats the very purpose of obtaining approval u/s 153D of the Act. Such perfunctory approval has no legal sanctity in the eyes of the law. The decision of the co- ordinate bench in Shreelekha Damani vs. DCIT 173 TTJ 332(Mum.) which has been approved by jurisdictional High Court subsequently, reported in 307 CTR 218 affirms the plea of the Assessee, wherein the Hon'ble Bombay High Court held as under:- "1. This appeal is filed by the Revenue challenging the judgment of Income Tax Appellate Tribunal ("the Tribunal" for short) dated 19th August, 2015. 2. Following…

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