SITTING ON THE FENCE- CAN THE JOINT COMMISSIONER REMAIN NON-COMMITTAL WHILE GRANTING APPROVAL UNDER SECTION 153D OF THE INCOME TAX ACT? Executive Summary The supervisory power mandated under section 153D of the Income tax Act, 1961 (the Act) in case of search assessment is not merely an official formality but requires proper application of administrative and judicial mind by the Joint Commissioner (JCIT in short) who is the Approving Authority and this exercise should be discernible from the order of approval under section 153D of the Act. The legislative intent behind section 153D is the need for framing a balanced assessment- protecting the interest of revenue by strengthening the internal monitoring and review system of the Department at the same time providing a check on the multiplicity of assessments and high pitched assessments. Undoubtedly, absence of approval will render the assessment order passed under s.153A of the Act as bad in law at the threshold. But even in cases...
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