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Revenue has raised the ground that the Ld. CIT(A)erred in allowing relief on undisclosed income of Rs. 86,12,277/- being the surplus of payment received from FCI over liabilities.

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Sec. 153A of Income Tax Act, 1961— Assessment — The wordings and language used in Section 153D and the heading “Prior approval necessary for assessment in cases of search or requisition” which has been provided under section 153D do not leave an iota of doubt about the very intention of the legislature to make the compliance of section 153D, a mandatory, in other words, the compliance of section 153D is mandatory in nature,therefore, assessment order passed by the Income Tax Officer, in the assessee’s case, without taking prior approval from JCIT, is ‘null’ in the eye of law. - DEPUTY CIT V/s SUBHAJIT PAUL - [2020] 27 ITCD Online 060 (ITAT-GAUHATI)

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