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TMI Blog2024 (9) TMI 1671X X X X Extracts X X X X X X X X Extracts X X X X ..... eated as non-est in the eye of law. The Assessment Order passed on the basis of such approval is therefore, found to be without any basis and thus, quashed. Appeal of the assessee is allowed. - SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND MS. MADHUMITA ROY, JUDICIAL MEMBER For the Appellant : Sh. Sandeep Jain, CA For the Respondent : Sh. Sujit Kumar, CIT (DR) ORDER PER MADHUMITA ROY, JM: The instant appeal filed by the assessee is directed against the order dated 12.07.2018 passed by the CIT(A)-IV, Kanpur, under Section 153A r.w.s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as the Act ) arising out of the Assessment Order dated 30.12.2017 passed by the Ld. DCIT, Central Circle, Noidafor Assessment Year 2014-15. 2. The appeal i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ter which clearly appears from the proceeding before the lower authorities with complete facts on records relying on the judgment passed by the Hon ble Apex Court in the case of National Thermal Power Company Ltd. Vs. CIT, reported into 229 ITR 383 (SC) this additional ground is admitted. 4. The brief facts of the matter are that a search and seizure operation under Section 132 of the Act was conducted on 30.09.2015 in Airwil Group of Cases wherein certain documents were found and seized belonged to the assessee. Notice under Section 153A of the Act was issued and the issue was finalized upon making addition which was further confirmed by the First Appellate Authority and thus impugned before us. 5. At the time of hearing of the instant app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se, the concerned authority has granted approval for 43 cases in a single day which is evident from the findings of the ITAT, succinctly encapsulated in the order extracted above. 18. Therefore, under the facts of the present case, considering the foregoing discussion and the enunciation of law settled through judicial pronouncements discussed hereinabove, we are unable to find any substantial question of law which would merit our consideration. 6. Keeping in view, the facts of the matter as narrated in the judgment passed by the Hon ble Delhi High Court, we find no mentioning of perusal of the draft assessment order by the concerned authority and no separate application of mind in the instant case in hand while granting approval altogether ..... X X X X Extracts X X X X X X X X Extracts X X X X
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