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Income Tax

ITAT Delhi Quashes Assessment for Mechanical Section 153D Approval

Case Law Details

TaxGuru Citation
2025 taxguru.in 5455
Case Name
SEH Realtors Pvt. Ltd Vs ACIT (ITAT Delhi)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2013-14
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SEH Realtors Pvt. Ltd Vs ACIT (ITAT Delhi)

The Income Tax Appellate Tribunal (ITAT) Delhi has delivered a significant ruling in the case of SEH Realtors Pvt. Ltd. vs. ACIT, for Assessment Year (AY) 2013-14. The Tribunal set aside the assessment order, declaring it void ab initio, on the grounds that the mandatory approval under Section 153D of the Income-tax Act, 1961, was granted by the Joint Commissioner of Income Tax (JCIT) in a mechanical manner, without proper application of mind.

The case originated from a search and seizure operation conducted under Section 132 of the Act on January 16, 2013, involving the Shahi Exports group, Span Group, U K Paints, and Orris Group, which also included a separate search warrant issued for SEH Realtors Pvt. Ltd. Following the centralization of the case on July 15, 2013, a notice under Section 153A was issued, leading to the assessee filing a return of income on December 24, 2013, declaring an income of Rs. 2,13,08,950/-. The assessment was completed under Section 143(3) on March 27, 2015, after obtaining prior approval from the JCIT.

The core of the assessee’s challenge, raised as a preliminary ground in its cross-objections, was that the JCIT’s approval under Section 153D was perfunctory and lacked genuine application of mind, thereby rendering the entire assessment invalid.

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Author Info

CA Sandeep Kanoi
Qualification: CA in Job / Business
Company: Taxguru Consultancy
Location: Mumbai, Maharashtra
Articles Published: 20,925

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