TMI Blog2018 (11) TMI 1563X X X X Extracts X X X X X X X X Extracts X X X X ..... rder on merit - Held that:- Additional CIT for want of time could not examine the issues arising out of the draft order. His action of granting the approval was thus, a mere mechanical exercise accepting the draft order as it is without any independent application of mind on his part. The Tribunal is, therefore, perfectly justified in coming to the conclusion that the approval was invalid in eye o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tul Jasani for the respondent P.C. 1. This appeal is filed by the Revenue challenging the judgment of Income Tax Appellate Tribunal ( the Tribunal for short) dated 19th August, 2015. 2. Following question was argued before us for our consideration : Whether on the facts and circumstances of the case and in law, the Tribunal was justified in holding that there was no 'applicat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rvations made by the Additional CIT while granting approval and came to the conclusion that the same suffered from lack of application of mind. The Tribunal referred to various judgments of the Supreme Court and the High Courts in support of its conclusion that the approval whenever required under the law, must be preceded by application of mind and consideration of relevant factors before the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r u/s 143(3) r.w.s. 153A in the case of Smt. Shreelekha Nandan Damani for A.Y. 2007-08 reg. Ref : No. DCIT (OSD)1/ CR7/ Appr/2010-11 dt. 31.12.2010 As per this office letter dated 20.12.2010, the Assessing Officers were asked to submit the draft orders for approval u/s 153D on or before 24.12.2010. However, this draft order has been submitted on 31.12.2010. Hence there is no much time l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... therefore, perfectly justified in coming to the conclusion that the approval was invalid in eye of law. We are conscious that the statute does not provide for any format in which the approval must be granted or the approval granted must be recorded. Nevertheless, when the Additional CIT while granting the approval recorded that he did not have enough time to analyze the issues arising out of t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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