DS Spiceco Pvt. Ltd. Vs DCIT (ITAT Delhi)
The appeal concerns an assessment for AY 2015-16 completed under Section 153C read with Section 143(3) of the Income-tax Act. The assessee challenged the assessment on the ground that it lacked a valid approval under Section 153D. The Tribunal examined the material and noted that the approval dated 22.12.2021 was a common approval issued for seven assessment years from 2011-12 to 2017-18. Referring to judicial precedents, including Shiv Kumar Nayyar, Anuj Bansal, and MDLR Hotels, the Tribunal held that Section 153D requires a separate, year-specific approval for each assessment year, even when issued for the same assessee. Since the approval relied upon was a combined approval, it did not satisfy statutory requirements. The Tribunal therefore accepted the assessee’s primary legal ground and quashed the assessment order dated 23.12.2021. All remaining issues were treated as academic. The appeal was accordingly allowed, and the order was pronounced on 24 November 2025.
FULL TEXT OF THE ORDER OF ITAT DELHI
This assessee’s appeal for assessment year 2015-16, arises against the Commissioner of Income Tax (Appeals)-24 [in short, the “CIT(A)”], New Delhi’s order dated 29.05.2025 passed in case no. CIT(A), Delhi-24/10976/2014-15, involving proceedings under section 153C r.w.s. 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
