Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
ITAT Quashes Assessments Citing Mechanical Approval u/s 153D
The Income Tax Appellate Tribunal (ITAT) has quashed assessment orders in a case, citing that the approval for the assessment was given in a "mechanical" manner. The tribunal found that the approval, which is required under Section 153D of the Income Tax Act from a higher authority before passing an assessment order in search cases, was granted without proper application of mind. The ITAT observed that the approving authority had not recorded any satisfaction or provided any reasons for the approval, suggesting it was a mere formality. The tribunal held that such a mechanical approval violates the spirit of the law, which intends for the senior officer to act as a check and balance. Since the mandatory condition of a valid, well-reasoned approval was not met, the ITAT declared the entire assessment proceeding to be invalid and consequently quashed the orders.