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TMI Blog2012 (10) TMI 1278X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the circumstances prevailing of the case and as per the provision of law, and since impugned assessment order passed is in violation of section 153D of the I.T. Act, 1961 the same is bad in law and null and void ab initio and being without jurisdiction the same may please be vacated. 2. On the facts and in the circumstances prevailing in the case an as per the provision of law, it may please be held that the assessment order passed u/s. 153C r.w.s. 153A of the I.T. Act, by the Assessing Officer and confirmed and held valid by the CIT(A), invoking provision of Section 292B of the I.T. Act, is bad in law and void ab initio and be declared null and void. 3. On the facts and in the circumstances of the case the notice u/s. 153C stated to b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... case. 2. The Learned Commissioner of Income Tax (Appeals) grossly erred in deleting the addition made by the Assessing Officer u/s. 69D of the Income Tax Act, 1961 by routinely following the decision of the Hon ble ITAT, Pune Bench, in the case of Himalaya Distributors 125 TTJ 705 (2009), instead of confirming such addition. 3. The Learned Commissioner of Income Tax (Appeals) grossly erred in failing to appreciate the circumstances of the case in totality and also in failing to appreciate that the evidences seized at the time of the search and relating to the assessee had all the attributes of a Hundi viz., 3 parties to the transaction, namely, the assessee borrower, the investor and Shri Shriram Soni, the broker, and, therefore, the Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uestion being bad in law deserves to be annulled. For this proposition, he referred to the decision of the Pune Bench of the Tribunal in the case of Akil Gulamali Somji Vs. ITO vide ITA No. 455 to 458/PN/2010 order dated 30-03-2012 for A.Ys. 2001-02 to 2004-05 respectively. 4. The learned DR on the other hand fairly conceded that the records do not show that there was prior approval of the Jt. CIT before passing of the assessment order. 5. After hearing both the sides we find this Bench of the Tribunal in the case of Akil Gulamali Somji (Supra) has decided the issue in favour of the assessee regarding the validity of the assessment order without obtaining prior approval u/s. 153D of the Act. It was held that requirement u/s. 153D for obtain ..... X X X X Extracts X X X X X X X X Extracts X X X X
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