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2022 (6) TMI 25 - AT - Income TaxAssessment u/s 153A - approval u/s 153D - Addition u/s 68 - HELD THAT:- Hon'ble Supreme Court in the case of ‘Sahara India vs. CIT & Others’,[2008 (4) TMI 4 - SUPREME COURT] while discussing the requirement of prior approval of Chief Commissioner or Commissioner in terms of the provisions of section 142(2A) of the Act, opined that the requirement of previous approval of the Chief Commissioner or Commissioner in terms of the said provision being an inbuilt protection against arbitrary or unjust exercise of power by the Assessing Officer, casts a very heavy duty on the said high-ranking authority to see it that the approval envisaged in the section is not turned into an empty ritual. The Hon'ble Apex Court held that the approval must be granted only on the basis of material available on record and the approval must reflect the application of mind to the facts of the case. A similar view has been taken by this Bench of the Tribunal in a group of cases of Shri Navin Jain and others [2021 (9) TMI 1068 - ITAT LUCKNOW] wherein also, the approval under section 153D was given through the same letter by the ACIT, Central, Kanpur and the Ground raised in this regard by the assessee was allowed, and the assessment orders were annulled by us. While allowing the Ground raised by the assessee, the Tribunal had also considered various cases laws, including that of the Hon'ble Supreme Court. In view of these facts and circumstances and in view of the unrebutted judicial precedents relied on by the ld. Counsel for the assessee, the grievance of the assessee by way of Ground no.6 is allowed and the assessment order is annulled.
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