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2022 (7) TMI 730 - AT - Income TaxValidity of assessment u/s 153A - Assessment order having been passed without approval - mandation of Prior approval necessary for assessment in cases of search or requisition u/s 153D - AR submitted that assessment in this case has been completed by Assessing Officer who is below the rank of ACIT/DCIT and therefore necessary approval was required to be obtained as per the provisions of Section 153D - HELD THAT:- We note that assessment in this case has been completed on 30.12.2018 and approval has also been obtained u/s. 153D on 30.12.2018 itself. Such approval has been obtained in 72 cases together, which is apparent from the consolidated sanction letter placed on record and the name of the assessee appears at S. No. 11. While granting approval the approving authority has not applied his mind and has given approval mechanically, which fact is apparent from the fact that had the approving authority applied his mind he would have noticed from the documents that the amount mentioned in the loose paper relating to RTGS was not there in the Bank account reflected in the books of account of the assessee and therefore did not relate to the assessee. As submitted that non application of mind by approving authority has caused prejudice to the case of the assessee. We noted that the issue involved in the present appeal is duly covered in favour of the assessee as in the case of Shri Naresh Kumar Jain [2021 (9) TMI 1080 - ITAT LUCKNOW] Thus we allow Ground No. 1 of the appeal and annual the assessment order having been passed without approval. Nothing further survives for adjudication nor was any other point argued. - Decided in favour of assessee.
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