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TMI Blog2018 (11) TMI 1873X X X X Extracts X X X X X X X X Extracts X X X X ..... d by the Commissioner is both invalid and bad in law and the same is cancelled. The grounds of appeal raised by assessee are thus, allowed. - ITA Nos.637 to 641/PUN/2018, ITA No.642/PUN/2018, ITA No.643/PUN/2018 - - - Dated:- 14-11-2018 - MS. SUSHMA CHOWLA, JM AND SHRI D. KARUNAKARA RAO, AM For the Assessee : Shri V.L. Jain For the Revenue : Shri S.B. Prasad, CIT ORDER PER SUSHMA CHOWLA, JM: This bunch of appeals filed by different assessee are against respective orders of Pr.CIT-(Central), Pune, dated 28.03.2018 23.03.2018 relating to different assessment years 2009-10 to 2013-14 against respective orders passed under section 263 / 143(3) r.w.s. 153A of the Income-tax Act, 1961 (in short the Act ). 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Representative for the Revenue on the other hand, placed reliance on the order of Commissioner under section 263 of the Act. 7. We have heard the rival contentions and perused the record. Briefly, in the facts of the case, search and seizure operations were conducted under section 132 of the Act in the case of Porwal, Mutha, Karia, Agarwal and Bhandari group of cases on 26.02.2014. For the said search and seizure operation, warrant was combinely executed in the case of (i) M/s. B U Bhandari Landmarks, (ii) M/s. B U Bhandari Schemes, (iii) M/s. B U Bhandari Enterprises and (iv) M/s. B U Bhandari Real Estate and the office premises of assessee was covered. During the course of search operations, cash of ₹ 3,05,080/- was found and sei ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... all the years were erroneous and prejudicial to the interest of Revenue. The plea of assessee before us is that once the order has been passed by Assessing Officer after obtaining approval of Additional CIT under section 153D of the Act, then the Commissioner has no power to exercise his jurisdiction under section 263 of the Act. 8. We find that similar issue of exercise of revisionary jurisdiction by the Commissioner under section 263 of the Act in a case where assessment was completed under section 143(3) r.w.s. 153A of the Act after obtaining approval of Additional CIT under section 153D of the Act, arose before the Tribunal in bunch of appeals in the case of Dhariwal Industries Limited Vs. CIT (supra). The Tribunal vide order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eciding an identical issue has observed as under : 31. Besides other judgments were also referred by the assessee in this regard and we have also carefully examined the same and we find that similar views were expressed by various judicial authorities. 32. We have also examined the judgment of the Hon'ble jurisdictional High Court in the case of CIT vs. Dr. Ashok Kumar (supra) on an issue whether the assessment order was passed with the approval of the Addl. CIT and their Lordships have held that the Assessing Officer was fully alive about the facts of the case and that is why he got necessary approval of the Addl. CIT before completing the assessment orders for all the assessment years and once that is not disputed by the Revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Hyd/2012 dated 13.02.2015 and also the decision of Lucknow Bench of ITAT in the case of Mehtab Alam 288/Luck/2014 dated 18.11.2014 in support of this contention. He has also placed reliance upon the decision of Hon'ble Allahabad High Court in the case of CIT vs. Dr. Ashok Kumar in I.T. Appeal No. 192 of 2000 wherein it has been held that the assessment order approved by the Addl. CIT under section 153D, cannot be subjected to revision under section 263of the I.T. Act. In view of the above decision also, we hold that the revision order under section 263 of the I.T. Act is not sustainable. Accordingly, we allow the grounds of the assessee. 15. Since in the instant case also the Assessing Officer has passed the order after obtaining ne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d by Assessing Officer after obtaining prior approval of JCIT, Central Range-2, Pune under section 153D of the Act vide letter dated 17.03.2016. We have already deliberated upon the same issue though in respect of assessment completed under section 143(3) r.w.s. 153A of the Act but similar proposition would apply in the present appeal also where the assessment order has been passed under section 143(3) r.w.s. 153C of the Act, since the assessment order had been passed by taking approval of JCIT and hence, the exercise of revisionary powers by the Commissioner is both incorrect and invalid in law. The grounds of appeal raised by assessee are thus, allowed. 13. In the result, all the appeals of assessee are allowed. Order pronounced on ..... X X X X Extracts X X X X X X X X Extracts X X X X
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