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…
S.153D Approval Granted Without Application of Mind Voids Income Tax Assessment: ITAT
The Income Tax Appellate Tribunal (ITAT) has ruled that an "assessment is void" if the "Section 153D approval is granted without the application of mind." The case involved an Assessing Officer (AO) who had obtained approval from a superior authority in a mechanical manner, without proper scrutiny of the assessment record. The ITAT emphasized that the approval under Section 153D is not a mere formality but a crucial safeguard against arbitrary assessments. The tribunal held that a lack of reasoned approval renders the assessment invalid from the very beginning. This ruling reinforces the importance of due process and safeguards against procedural irregularities in the tax assessment process.