Shreelekha Damani v. DCIT

173 TTJ 332Income Tax Appellate Tribunal2015#372 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 367,282 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

M/S. Metro Ortem Ltd., Delhi vs. DCIT, New Delhi

In the result, the appeal filed by the assessees is allowed

ITA 3177/DEL/2016[2010-11]Status: DisposedITAT Delhi16 Jul 2025AY 2010-11

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareekdcit, Central Circle 5, Vs. M/S. Metro Ortem Limited, New Delhi. 134/4 & 135/5, Near Ajit Arcade, Kailash Colony, New Delhi – 110 048. (Pan : Aaacm3393H) M/S. Metro Ortem Limited, Vs. Dcit, Central Circle 5, 134/4 & 135/5, Near Ajit Arcade, New Delhi. Kailash Colony, New Delhi – 110 048. (Pan : Aaacm3393H) (Appellant) (Respondent) Assessee By : Shri Salil Kapoor, Advocate Shri Shivam Yadav, Advocate Revenue By : Ms. Monika Singh, Cit Dr Date Of Hearing : 10.07.2025 Date Of Order : 16.07.2025 O R D E R Per S.Rifaur Rahman: 1. These Cross Appeals Are Filed By The Assessee & Revenue Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-24, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 23.03.2016 For Assessment Year 2010-11. 2. First We Take Up Assessee’S Appeal & The Assessee Has Taken The Following Grounds Of Appeal :-

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Ms. Monika Singh, CIT DR
Section 153ASection 153CSection 153D

…nted 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…

DCIT, New Delhi vs. M/S Metro Ortem Ltd., New Delhi

In the result, the appeal filed by the assessees is allowed

ITA 2871/DEL/2016[2010-11]Status: DisposedITAT Delhi16 Jul 2025AY 2010-11

Bench: Shri S. Rifaur Rahman & Shri Sudhir Pareekdcit, Central Circle 5, Vs. M/S. Metro Ortem Limited, New Delhi. 134/4 & 135/5, Near Ajit Arcade, Kailash Colony, New Delhi – 110 048. (Pan : Aaacm3393H) M/S. Metro Ortem Limited, Vs. Dcit, Central Circle 5, 134/4 & 135/5, Near Ajit Arcade, New Delhi. Kailash Colony, New Delhi – 110 048. (Pan : Aaacm3393H) (Appellant) (Respondent) Assessee By : Shri Salil Kapoor, Advocate Shri Shivam Yadav, Advocate Revenue By : Ms. Monika Singh, Cit Dr Date Of Hearing : 10.07.2025 Date Of Order : 16.07.2025 O R D E R Per S.Rifaur Rahman: 1. These Cross Appeals Are Filed By The Assessee & Revenue Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-24, New Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 23.03.2016 For Assessment Year 2010-11. 2. First We Take Up Assessee’S Appeal & The Assessee Has Taken The Following Grounds Of Appeal :-

For Appellant: Shri Salil Kapoor, AdvocateFor Respondent: Ms. Monika Singh, CIT DR
Section 153ASection 153CSection 153D

…nted 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…