Advertisement
Advertisement
Skip to content
Follow Us on
Advertisement
TOP STORIES
Income Tax

ITAT Delhi Sets Aside Section 153C Assessments Due to Common Section 153D Approval

Case Law Details

TaxGuru Citation
2026 taxguru.in 10239
Case Name
Smt. Suman Lata Vs ACIT (ITAT Delhi)
Appeal Number
Premium Access
Date of Judgement/Order
Premium Access
Related Assessment Year
2004-05 to 2010-11
Subscribe to download.

Already Upgraded? Log in.

Advertisement

Smt. Suman Lata Vs ACIT (ITAT Delhi)

The Income Tax Appellate Tribunal (ITAT), Delhi, decided seven appeals filed by the same assessee against separate orders passed by the Commissioner of Income Tax (Appeals)-27, New Delhi under Section 250 of the Income Tax Act, 1961, dated 26.11.2025, relating to Assessment Years (AYs) 2004-05 to 2010-11. Since the issues in all the appeals were common, interlinked, and concerned the same assessee, the Tribunal heard them together and disposed of them through a common order.

The Tribunal first considered the appeal for AY 2004-05. Although the assessee had raised seven grounds, only the legal ground concerning the validity of the assessment order was argued. The assessee contended that the Assessing Officer (AO) had passed the assessment order dated 21.12.2021 without obtaining a valid approval under Section 153D of the Income Tax Act. It was submitted that the AO had sought a common approval under Section 153D for all the assessment years from AY 2004-05 to AY 2010-11 and that the Additional Commissioner of Income Tax, Central Range-4, New Delhi, granted the approval through a common letter covering all the years. According to the assessee, the approval was granted mechanically, without application of mind, rendering it non est in the eyes of law and vitiating the entire assessments framed under Section 153C.

Want to Read the Complete Judgment?

You have read the free case summary. Unlock the full judgment, the detailed judicial reasoning and the downloadable PDF, along with every other premium judgment on TaxGuru.

Read on with Premium
Goes straight to payment. GST invoice included.

One subscription covers the entire premium judgment library, not just this case.

Advertisement

Author Info

CA Sandeep Kanoi
Qualification: Graduate, CA in Job / Business, DD
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 23,529

Join TaxGuru's Network for the latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.