Daze Construction Pvt. Ltd. vs. ACIT

Parties Involved

Facts Summary

Daze Construction Pvt. Ltd. filed an appeal against the order of the Commissioner of Income Tax (Appeals) dated 26.12.2022, which sustained the assessment order passed by the Assessing Officer under section 143(3) of the Income-tax Act, 1961. The assessee argued that the Commissioner of Income Tax (Appeals) erred in sustaining the assessment order and that the approval granted under section 153D of the Act was mechanical and without due application of mind. The Tribunal examined the material on record and found that the approval granted by the Additional Commissioner of Income Tax was indeed mechanical and without due application of mind, leading to the quashing of the assessment order.…

Legal Issues

• 1. Whether the Commissioner of Income Tax (Appeals) erred in sustaining the assessment order?
• 2. Whether the approval granted under section 153D of the Act was mechanical and without due application of mind?

Precedents Relied Upon

Similar Judgements

• Sanjay Gupta vs. DCIT, Central Circle-1

  B Bench, Delhi benchAY 2014-15 to 2019-20Allowed

• Yasmin Kapoor & Deepa Talwar vs. ACIT, Central Circle-19, Delhi

  Delhi Bench benchAY 2016-17, 2017-18Allowed

• M/s. Periwal Polymers Pvt. Ltd. vs. DCIT

  Delhi Bench benchAY 2018-19 to 2021-22Partly Allowed

• Sanjay Kumar, Prop. Shree Balaji Oil Mill Vs DCIT, Central Circle-I, Gurgaon and Sunil Gupta, Prop. M/s OP Cotton and Oil Mills Vs DCIT, Central Circle-I, Gurgaon

  Delhi bench

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

  Delhi Bench benchAY 2011-12 & 2012-13Dismissed

• Gaurav Kathuria vs ACIT

  Delhi Bench ‘B’, New Delhi benchAY 2018-19Allowed