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 367,302 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

DCIT, Central Circle-1, Gurugram vs. Bhupendra Steels P.Ltd, New Delhi

In the result, the cross objections filed by the assessee is allowed

ITA 710/DEL/2020[2011-12]Status: DisposedITAT Delhi20 May 2025AY 2011-12

Bench: Shri Satbeer Singh Godara & Shri S.Rifaur Rahmandcit, Central Circle 1, Vs. Bhupendra Steels P. Ltd., Gurugram. 1098, Chitranjan Park, New Delhi. (Pan : Aaacb0104B) Co No.101/Del/2023 (In Ita No.710/Del/2020) (Assessment Year: 2011-12) Bhupendra Steels P. Ltd., Vs. Dcit, Central Circle 1, 1098, Chitranjan Park, Gurugram. New Delhi. (Pan : Aaacb0104B) (Appellant) (Respondent) Assessee By : Shri Somil Agarwal, Advocate Revenue By : Shri Rajesh Tiwari, Sr. Dr Date Of Hearing : 20.05.2025 Date Of Order : 20.05.2025 O R D E R Per S. Rifaur Rahman: 1. The Revenue Has Filed The Appeal Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-3, Gurugram [“Ld. Cit(A)”, For Short] Dated 04.12.2019 For Ay 2011-12 & The Assessee Has Also Filed

For Appellant: Shri Somil Agarwal, AdvocateFor Respondent: Shri Rajesh Tiwari, Sr. DR
Section 153(1)(b)Section 153ASection 153A(1)(b)Section 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. 6 CO No.101/D…