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| The Tax Publishers2020 TaxPub(DT) 2929 (Rkt-Trib) INCOME TAX ACT, 1961
Section 153A
Approval under section 153D received by AO after framing of assessment under section 153A was equivalent to no approval and, therefore, assessment framed by AO under section 153A without obtaining valid approval from Jt.CIT and accordingly, such assessment was not valid in law.
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Search and seizure - Assessment under section 153A - Validity - Approval under section 153D received by AO after framing of assessment
AO pursuant to search conducted at assessee's premises framed assessment under section 153A on 4-3-2013. Assessee contended that approval under section 153d was not a prior approval as same had been received by jurisdictional AO passing of assessment order and, therefore, order under section 153A read with section 143(3) passed without obtaining proper approval from the Addl. CIT and that too in mechanical matter, was invalid. Held: Admittedly, approval under section 153D was granted by joint Commissioner, dated 4-3-2013 but same was received by AO having jurisdiction over assessee, on 5-3-2013. thus, it was beyond doubt that assessment had been framed by AO under section 153A without obtaining valid approval from Jt.CIT and accordingly, such assessment was not valid in law.
Supported by:CIT v. Sunrise Finlease (2017) 252 Taxman 407 (Guj) : 2017 TaxPub(DT) 5548 (Guj-HC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2011-12
INCOME TAX ACT, 1961
Section Rule 34(5)(c)
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