M/s. Pioneer Dealtrade Private Ltd. vs DCIT

PER SATBEER SINGH GODARA, JM

These assessee’s four appeals ITA Nos.5695 to 5698/Del/2025 and Revenue’s three cross appeals ITA Nos. 8411/Del/2025 and 61 & 62/Del/2026 for AYs 2013-14 to 2016-17 arise against the Commissioner of Income Tax (Appeals) -24 [in short, the “CIT(A)”], Delhi’s orders dated 08.08.2025 (in AY: 2013-14) and 15.07.2025 (in AYs 2014-15 to 2016-17) having DINs and orders no. ITBA/APL/M/250/2025-26/1079441578(1), 1078510017(1), 1078509151(1) and 1078509825(1), involving proceedings under section 153C r.w.s. 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’), respectively.

Heard both the parties. Case file perused.

Delay(s) of 15 days and 3 days each in filing the Revenue’s instant three appeals are condoned in larger interest of justice and in light of Collector, Land & Acquisition vs. Mst. Katiji & Others (1987) 167 ITR 471 (SC).

It emerges at the outset that the assessee herein canvasses its first and foremost legal ground seeking to annul the impugned section 153A r.w.s. 143(3) assessments framed on 31.12.2019 in all four assessment years 2013-14 to 2016-17 for want of a valid approval under section 153D of the Act.

We have given our thoughtful consideration to the assessee’s and the Revenue’s respective vehement contentions regarding the first and foremost issue of validity of the impugned assessments as lacking valid approval under section 153D of the Act. The assessee has filed the learned prescribed authority’s common approval dated 30.12.2019 granted in his seven cases for assessment years 2011-12 to 2017-18. Various recent precedents i.e. PCIT Vs. Anuj Bansal, (2024) 165 taxmann.com 2 (SC), PCIT Vs. Subodh Agrawal (2023) 149 taxmann.com 373 (Allahabad), PCIT Vs. Sapna Gupta (2023) 147 taxmann.com 288 (Allahabad), PCIT Vs. Siddarth Gupta (2023) 147 taxmann.com 305 (Allahabad), PCIT Vs. Shiv Kumar Nayyar (2024) 467 ITR 186 (Del.), PCIT Vs. Anuj Bansal (2024) 466 ITR 254 (SC) and PCIT Vs. MDLR Hotels (P.) Ltd. (2024) 166 taxmann.com 327 (Del.) have already settled the issue in assessee’s favour and against the department that such an approval under section 153D has to be accorded separately for each and every assessment years even if it involves a single assessee. We thus accept the assessee’s instant first and foremost legal ground/argument to quash the impugned assessments herein framed by the Assessing Officer on 31.12.2019 in assessment years 2013-14 to 2016-17 in very terms.

All other pleadings on merits herein stand rendered academic.

These assessee’s four appeals ITA Nos.5695 to 5698/Del/2025 are allowed and Revenue’s three cross appeals ITA Nos.8411/Del/2025 and 61 & 62/Del/2026 are dismissed, in above terms. A copy of this common order be placed in the respective case files.