Case Law Details
MDLR Airline (P) Ltd. Vs DCIT (ITAT Delhi)
ITAT held that A careful reading of the approval granted u/s 153D of the Act clearly indicates that the Approving Authority has neither examined the assessment records nor the seized materials. In fact, the letter of the Assessing Officer seeking approval also makes it clear that only draft assessment orders were sent for approval without any assessment record or seized material. It is further clear that on the very same day the letter of the Assessing Officer with draft assessment orders were received, approval u/s 153D of the Act was granted by the Approving Authority. The aforesaid facts clearly reveal that the Approving Authority, while granting approval u/s 153D of the Act has acted as a mere rubber stamp. The approval granted is completely mechanical without application of mind. Thus, in our view, the approval granted u/s 153D of the Act is not in accordance with the provisions contained u/s 153D of the Act, keeping in view the ratio laid down in various judicial precedents discussed herein above. Thus, in our view, the approval granted u/s 153D of the Act is invalid. Consequently, the assessment orders passed in pursuance to such approval are also invalid. Hence, deserves to be quashed.
FULL TEXT OF THE ORDER OF ITAT DELHI
Captioned cross-appeals arise out of two separate orders of learned Commissioner of Income-tax (Appeals)-28, New Delhi, pertaining to assessment years 2007-08 and 2008-09.
ITA nos. 1420/Del/2023 & 1421/Del/2023 (Assessee’s appeals for assessment years 2007-08 & 2008-09):
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