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TMI Blog2024 (6) TMI 265X X X X Extracts X X X X X X X X Extracts X X X X ..... failed to produce any copy or other evidence of existence of the approval. That only gives rise to a presumption that there was no approval at all. In the absence of same no conclusion can be drawn as to if the approval was in accordance with law or not but to hold that the assessments in hand were concluded without the requisite approval u/s 153D of the Act. Assessee appeal allowed. - Shri G.S. Pannu, Hon ble Vice President And Shri Anubhav Sharma, Judicial Member For the Assessee : Shri Salil Kapoor, Advocate, Shri Tarun Chanana, Advocate And Ms. Ananya Kapoor, Advocate For the Department : Shri T. James Singson, CIT, DR, Shri Ankit Mishra, AO ORDER PER ANUBHAV SHARMA: JUDICIAL MEMBER: These are appeals preferred by the assessee as wel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AO has erred in not appreciating that no incriminating material has been found for the year under consideration which belongs to the said year, and hence the said additions are illegal and liable to be deleted. 5. That, on the facts and circumstances of the case and in law, the approval under Section 153D of the Act is mechanical and without any application of mind and thus the impugned assessment order is illegal, bad in law liable to be quashed. 6. That on the facts and circumstances of the case and in law, the addition made on account of Section 14A disallowance is illegal, bad in law and without jurisdiction. The same is illegal in the absence of any satisfaction recorded by the AO and also the same is illegal worked out/wrong computed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to stand over the case to 21.05.2024 for appropriate orders. Both parties informed in the Court. 21.05.2024 Pursuant to the earlier directions dated 20.05.2024 of the Bench, the Ld. CIT (DR) placed a copy of Report filed by the AO concerned (Shri Ankit Mishra) ACIT, CC-02, Delhi, received by email, with regard to 153D approval letter of the Range Head for the perusal and consideration of the Bench. After perusing the said report, the matter is listed for hearing on 22.05.2024. Both parties informed in the Court. 5. Learned AR has heavily relied on the judgment of Hon ble Delhi High Court in the case of Rajsheela Growth Fund (P) Ltd. vs ITO ITA No. 124/2020 and other judgment dated 08.05.2024 to contend that as there is no order available w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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