Vasudev Garg Vs DCIT (ITAT Delhi)
ITAT Delhi held that assessment under section 153A of the Income Tax Act based on common approval under section 153D of the Income Tax Act is non-est in the eye of law. Hence, the same is liable to be quashed.
Facts- The assessee’s eight appeals for assessment years 2012-13 to 2019-20, arise against the CIT(A)-3, Gurgaon’s common order dated 25.03.2025 in proceedings u/s 153A/143(3) of the Income Tax Act, 1961 respectively. It emerges at the outset that there arises the first and foremost issue of validity of all the impugned assessments framed u/s 153A of the Act by the learned Assessing Officer, in furtherance to the search in question herein dated 30.07.2018 for want of a valid section 153D approval.
Conclusion- Co-ordinate Tribunal in the case of DCIT vs. Empire Realtech Pvt. Ltd. we find no reason to uphold the validity of the impugned assessment as it has come on record that the same has been framed in furtherance to a common section 153D approval already held as not sustainable in law. We order accordingly.
Held that the section 153D approval herein dated 16.06.2021 is a common one in all these assessment years, the impugned section 153A assessments herein are not non-est in the eyes of law. The same are hereby quashed in very terms. Ordered accordingly.
