Assessments concluded u/s 153A without Mandatory Approval is Invalid: ITAT [Read Order]

The Delhi ITAT ruled that assessments under Section 153A of the Income Tax Act, 1961, without mandatory approval, are invalid. Emaar MGF Land Limited challenged the assessment, arguing that approval under Section 153D was granted mechanically. The tribunal found no evidence of substantial approval by the Assessing Officer (AO) under Section 153D. \r

The two-member bench, G.S. Pannu and Anubhav Sharma, stated that Section 153D approval must be non-mechanical and based on a thorough review of the assessment record. The absence of evidence of such approval leads to the presumption that it was not granted, rendering the assessments invalid. The Tribunal allowed the appeal but permitted the AO to present evidence if available.