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2023 (7) TMI 1214 - HC - Income TaxValidity of assessment u/s 153A - allegation of non application of mind by the ACIT Tax in granting approval u/s 153D - addition made qua cash deposited in the bank and addition was made with regard to cash introduced via an entry operator - HELD THAT:- The respondent had declared an income amounting to Rs. 87,20,580/-. However, while making the additions, strangely, the AO noted that the returned income was Rs. 11,00,460/-. Despite the additions which would have taken the assessed income well beyond what was crystallised by the AO ACIT failed to notice the error. This aspect was brought to the fore by the Tribunal in the impugned order. The Tribunal, thus, concluded there was a complete lack of application of mind, inasmuch as the ACIT, who granted approval, failed to notice the said error. Tribunal notes that all that was looked at by the ACIT, was the draft assessment order. Approval was granted without examining the assessment record or the search material. Tribunal was right that there was absence of application of mind by the ACIT in granting approval under Section 153D. It is not an exercise dealing with a immaterial matter which could be corrected by taking recourse to Section 292B of the Act. Decided against revenue.
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