TMI Blog2020 (3) TMI 956X X X X Extracts X X X X X X X X Extracts X X X X ..... terial relied upon by the AO. The said power cannot be exercised casually and in a routine manner. We are constrained to observe that in the present case, there has been no application of mind by the Addl. CIT before granting the approval. - Decided in favour of assessee. - ITA No. 7307/Del/2018 - - - Dated:- 19-3-2020 - SHRI H. S. SIDHU, JUDICIAL MEMBER Assessee by : Sh. Nippun Mittal, CA Department by : Sh. C.P. Singh, Sr. DR ORDER This appeal filed by the assessee is directed against the order passed by the Ld. CIT(A)-7, New Delhi on 20.09.2018 in relation to the assessment year 2010-11. Assessee has raised various grounds, but at the time of hearing, Ld. Counsel for the assessee has only argued ground no. 2 whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application of mind gave the approval in a mechanical manner. He further stated that this legal/jurisdictional ground no. 2 is squarely covered by the decision of the ITAT, SMC, Bench, New Delhi dated 01.03.2018 in the case of Tara Alloys Ltd. vs. ITO Ward 25(1), New Delhi decided in ITA No. 2421/Del/2017 relevant to assessment year 2005-06 and therefore, he requested that the same ratio may be followed in the present case and appeal of the assessee may be allowed accordingly by quashing the reassessment proceedings. 3. On the contrary, Ld. Sr. DR relied upon the orders of the authorities below and stated that the reasons recorded and satisfaction / approval accorded is within the meaning of section 151 of the Act and need not to be qua ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eserves to be quashed. I find considerable cogency in the contention of the Ld. Counsel for the assessee that the issue no. 2 raised in this appeal is squarely covered by the decision of the ITAT, SMC, Bench, New Delhi dated 01.03.2018 in the case of Tara Alloys Ltd. vs. ITO Ward 25(1), New Delhi decided in ITA No. 2421/Del/2017 relevant to assessment year 2005-06 wherein the Tribunal has quashed the assessment. My aforesaid view is also fortified by the following decisions :- A) United Electrical Company (P) Ltd. Vs. CIT Ors. 258 ITR 317 (Del.) In this case, approval by the Addl. CIT u/s. 151 was given in the following terms:- Yes, I am satisfied that it is a fit case for issue of notice u/s. 148 of the Income Tax Act. An ..... X X X X Extracts X X X X X X X X Extracts X X X X
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