ITAs No.2462 & 2463/Del/2016 and ITAs No.3173 & 3174/Del/2016

Parties Involved

Facts Summary

The case involves appeals by the Revenue against the orders of the Commissioner of Income-tax (Appeals)-23, New Delhi, which had deleted substantive and protective additions made in the assessment orders for the assessment years 2011-12 and 2012-13. The assessees, Splendor Landbase Ltd. and Hridey Vikram Bhatia, raised additional grounds challenging the statutory approval under section 153D of the Income Tax Act, 1961, alleging it was granted without proper application of mind. The Revenue defended the approval process, citing guidelines and statements from the approving authority. The Tribunal examined the admissibility of these additional grounds under Rule 11 and Rule 27 of the Income-tax (Appellate Tribunal) Rules, 1963.…

Legal Issues

• 1. Whether the statutory approval under section 153D was granted without proper application of mind.

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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