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Judgment
Per Satbeer Singh Godara, Judicial Member:
These twin assessee’ s appeals ITA Nos. 4125 & 4126/Del/2024, for Assessment Year 2019-20, ar ise against the CIT(A)-3, Noida’s DIN & order Nos. ITBA/APL/M/250/2024-25/1066921155(1) & 1066922407(1) dated 23.07.2024, in proceedings u/s 153A r.w.s. 143(3) of the Income Tax Act, 1961 (in short “ the Act”), respectively.
Heard both the p arties at length. Case files peruse d.
We next note that there arises the fir st and foremost issue of validity of the impugned tw in assessme nts framed u/s 143(3) r.w.s. 153A of the Act; dated 24.06.2021, in consequence to the search action herein dated 30.07.2018 on the ground that the learned prescr ibed authority had not accorded a valid approval thereto u/s 153D of the Act.
It is in this factual backdrop that we admit the assessees’ identical legal ground and note with the able assistance co ming from both the parties that the learned Assessing Officer had sought the prescribed authority’s approval dated 14.06.2021. The clinching fact emanating from the approval letter is that the lear ned Assessing O fficer herein had infact been granted a common approval for nine assessees (assessment years from 2013-14 to 2019-20) which stood granted, and therefore , we quote PCIT Vs. Shiv Kumar Nayyar (2024) 163 taxmann.co m 9 (Del.), PCIT Vs. MDLR Hotels (P) Ltd. (2024) 166 taxmann.com 327 (Del.) and ACIT vs. Serajuddin and Co. (2024) 163 taxmann.co m 118 (SC), to conclude that such a comb ined section 153D approval indeed vitiates the entire assessment itself. We draw stro ng support therefrom to quash the impugned assessments framed herein in assessee’s case in assessment year 2019-20 in very terms.
All other pleadings o n merits here in stand rendered academic.
These tw in assessee’s as many appeals IT A No s. 4125 & 4126/Del/2024 are allowed. A copy of this common order be placed in the respective case files.