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2020 (4) TMI 878 - AT - Income TaxAssessment u/s 153A - Validity of the assessment order in absence of proper approval necessary for assessment as per the provisions of section 153D - HELD THAT - Approval was given in a mechanical manner by the Addl.CIT to the draft assessment orders passed by the AO. As mentioned earlier, the AO has submitted the draft assessment orders on 30th March, 2015 as per the order sheet entry which indicated that the AO was very much available in her office at Dehradun on 30th March, 2015. The Office of the Addl.CIT is situated at Meerut which is about 250 Kms from Dehradun. There is no other record to suggest that the files containing the draft orders were, in fact, moved from the office of the AO at Dehradun to the office of the Addl.CIT at Meerut who went through the same and has given approval with certain amendments. It is not possible on the part of the Addl.CIT to go through the orders in about more than 100 cases on the very same day and give approval. Even if such approval has been given, it can be said that the same is nothing but a technical formality without application of mind. Further, as mentioned earlier, there is nothing on record to suggest that the files have in fact moved from Dehradun to Meerut for obtaining approval. Therefore, in our opinion, the mandatory provisions as required u/s 153D has not been complied with. We hold that there is no proper approval given u/s 153D in the instant case for which the assessment orders passed by the AO are not in accordance with law. We, therefore, have no hesitation in holding that the assessments completed by the DCIT do not stand in the eyes of law and, therefore, these orders are treated as null and void. - Decided in favour of assessee.
Issues Involved:
1. Validity of the assessment order under section 153A. 2. Validity of approval under section 153D. 3. Enhancement of income by the CIT(A). 4. Disallowance of exemption under section 12AA/10(23C). 5. Procedural issues including violation of principles of natural justice. Issue-Wise Detailed Analysis: 1. Validity of the assessment order under section 153A: The assessee contested the legality of the assessment order passed under section 153A read with section 143(3) of the Income Tax Act, arguing that the notice issued and the assessment order were illegal, bad in law, without jurisdiction, and barred by time limitation. The Tribunal, however, focused on the validity of the approval under section 153D, which was a preliminary issue affecting the validity of the assessment orders. 2. Validity of approval under section 153D: The Tribunal scrutinized whether the approval given by the Additional Commissioner of Income Tax (Addl. CIT) under section 153D was valid. The assessee argued that the approval was given in a mechanical manner without application of mind, as evidenced by the fact that the draft assessment orders and the approval were both dated 30th March 2015, and the distance between Dehradun and Meerut (250 km) made it improbable for a thorough review. The Tribunal noted: - The draft assessment orders were submitted on 30th March 2015. - The Addl. CIT granted approval on the same day with certain amendments, and the AO passed the final orders on the same day. - The Tribunal found no evidence of the physical movement of files between Dehradun and Meerut. - The Tribunal concluded that the approval was given in a mechanical manner without proper application of mind, thus invalidating the assessment orders. 3. Enhancement of income by the CIT(A): The CIT(A) not only confirmed the additions made by the AO but also enhanced the income of the assessee by disallowing amounts siphoned off for non-charitable/educational purposes. The Tribunal did not delve into this issue in detail, as the primary focus was on the validity of the assessment under section 153D. However, it noted that the CIT(A) had directed the AO to enhance the income for various assessment years based on the amounts siphoned off. 4. Disallowance of exemption under section 12AA/10(23C): The AO disallowed the exemption claimed by the assessee under section 12AA/10(23C) and brought the surplus income to tax. This disallowance was based on the finding that the funds were siphoned off for personal use by the founder member and trustee through fictitious entities. The Tribunal did not specifically address this issue, as the invalidity of the assessment orders under section 153D rendered the other grounds academic. 5. Procedural issues including violation of principles of natural justice: The assessee raised several procedural issues, including the lack of valid approval under section 153D, non-opportunity to cross-examine witnesses, and violation of principles of natural justice. The Tribunal found merit in the argument regarding the invalid approval under section 153D, which was sufficient to annul the assessment orders. Other procedural issues were not specifically addressed due to the primary finding on the invalidity of the assessment orders. Conclusion: The Tribunal annulled the assessment orders for the assessment years 2008-09 to 2013-14 on the grounds of invalid approval under section 153D. The assessments were found to be completed in a mechanical manner without proper application of mind by the Addl. CIT, rendering the orders null and void. Consequently, other grounds raised by the assessee were deemed academic and were not adjudicated. The appeals filed by the assessee were allowed.
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