2024 (3) TMI 1346 - HC - Income Tax

Validity of approval u/s 153D - supervisory and advisory involvement of the approving authority - HELD THAT - Referring to additional material which have been placed for our consideration by the appellant including the Internal Correspondence Folder and the record filed would appear to indicate the manner in which the case proceeded at different levels in the office of the appellant As the undisputed position which emerges is that the approval u/s 153D of the Act was a common and composite order which was framed in the case of the respondent-assessee. The invalidity of that approval is an aspect which has attained finality consequent to the appeal of the Department in Anuj Bansal having come to be dismissed by this Court 2023 (7) TMI 1214 - DELHI HIGH COURT Accordingly while we dismiss the instant appeal following the reasons assigned in the earlier case of Anuj Bansal we leave the question pertaining to the effect and impact of Section 144A of the Act as well as of the provisions contained in the Search and Seizure Manual 2007 open to be addressed in appropriate proceedings.

Summary

The High Court dismissed the appeal regarding the validity of approval under Section 153D of the Income Tax Act, noting that the approval was common and composite. The issue of the impact of Section 144A and the Search and Seizure Manual, 2007, was left open for future consideration. (Case Citation: Pr. Commissioner of Income Tax (Central)-2 v. Anuj Bansal [2023 SCC OnLine Del 4159])