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2024 (3) TMI 88 - AT - Income TaxValidity of Assessment u/s 153C - requirements of approval u/s 153D - as alleged absence of valid and effective approval under section 153D of the Act by the competent authority - HELD THAT:- As the facts in the present case with regard to the validity and effectiveness of approval under section 153D of the Act is similar to the one adjudicated by the Income-tax Appel late Tribunal for the assessment year 2014-15 [2023 (10) TMI 686 - ITAT DELHI] wherein held JCIT, without any consideration of factual and legal position in proposed additions/disallowances and without contents of appraisal report before him or incriminating material collected in search etc. has buckled under statutory compulsion and proceeded to grant a simplicitor approval with caveats and disclaimers. This approach of the JCIT has ipso facto rendered the impugned approval to be a mere ritual or an empty formality to meet the statutory requirement and can not thus be countenanced in law. Accordingly, respectfully following the precedent as above, we hold that the assessment in the assessment year 2009-10 in pursuance of invalid approval accorded u/s 153D is invalid and liable to be quashed and quashed as such. Appeals filed by the Revenue are dismissed.
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