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Anuj Bansal, New Delhi vs Acit, Cc-14, New Delhi on 29 April, 2022

The approval was thus granted without considering the vital case records, indicating a mechanical approach while granting the approval. Reliance was placed by the Counsel for the assessee on legal precedents in which it has been held that the approval under Section 153D is not merely a formality, but requires the prescribed authority to apply their mind to the facts and circumstances of the case. If the approval is granted in a mechanical manner without reviewing relevant materials, the subsequent assessment orders must be quashed. Several court decisions were relied upon, including the cases of PCIT vs. Anuj Bansal (ITA 368/2023), Anuj Bansal vs. ACIT (ITA No.1016/Del/2021), ACIT vs. Serajuddin & Co. (2023), PCIT vs. Siddarth IT(SS)A Nos.147 & 148/Ahd/2019 & 21 to 23/Ahd/2020 & 15/Ahd/2022 & 93/Ahd/2020 Sanjay Gupta vs. DCIT & others Asst.Years -2005-06 to 2008-09 & 2010-11 & 2011-12
Income Tax Appellate Tribunal - Delhi Cites 29 - Cited by 0 - Full Document

Acit vs M/S. Serajuddin & Co. Kolkata on 15 March, 2023

The approval was thus granted without considering the vital case records, indicating a mechanical approach while granting the approval. Reliance was placed by the Counsel for the assessee on legal precedents in which it has been held that the approval under Section 153D is not merely a formality, but requires the prescribed authority to apply their mind to the facts and circumstances of the case. If the approval is granted in a mechanical manner without reviewing relevant materials, the subsequent assessment orders must be quashed. Several court decisions were relied upon, including the cases of PCIT vs. Anuj Bansal (ITA 368/2023), Anuj Bansal vs. ACIT (ITA No.1016/Del/2021), ACIT vs. Serajuddin & Co. (2023), PCIT vs. Siddarth IT(SS)A Nos.147 & 148/Ahd/2019 & 21 to 23/Ahd/2020 & 15/Ahd/2022 & 93/Ahd/2020 Sanjay Gupta vs. DCIT & others Asst.Years -2005-06 to 2008-09 & 2010-11 & 2011-12
Orissa High Court Cites 45 - Cited by 1 - M S Raman - Full Document
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