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s.153D — Prior approval for search assessments

The requirement that a search assessment be approved before it is passed — and the consequences of that approval being mechanical.

Historic — governs pending matters

Governs assessments under sections 153A and 153C — that is, searches initiated up to 31 March 2021. It has no role in a reassessment (searches 1 April 2021 to 31 August 2024). Under the block assessment scheme the approval requirement sits in section 158BG (section 299(2) in the Income-tax Act, 2025) and attaches to a single order.

Income-tax Act, 1961

s.153D

Income-tax Act, 2025

s.299(2) — approval of the block order

In force from 1 April 2026, but s.536(2)(c) preserves the 1961 Act for tax years beginning before that date.

In short

Section 153D of the Income-tax Act, 1961 required that no order of assessment or reassessment under section 153A or section 153C be passed by an officer below the rank of Joint Commissioner except with the prior approval of the Joint Commissioner. Because the approval was required for each assessment year, omnibus approvals covering many years and many assessees in a single sentence — often granted on the day the orders were time-barred — have been a productive ground of challenge, the argument being that an approval given without application of mind is no approval at all. Under the block assessment scheme the equivalent requirement is in section 299(2), where approval attaches to the single block order.

What the provision does

Made the validity of a search assessment conditional on prior approval by a superior officer, as a safeguard against orders passed without supervisory scrutiny. By its proviso, the requirement does not apply where the order already requires the prior approval of the Principal Commissioner or Commissioner under section 144BA(12).

Threshold questions

  • Does the approval exist on the record, and is it dated
  • Was it granted before the assessment order was passed
  • Does it deal with each assessment year, or is it a single omnibus line
  • Is there anything showing the approving authority saw the draft order or the record
  • How many approvals were granted on the same day, and to how many assessees

In practice

The recurring disputes.

Mechanical and omnibus approval

An approval reciting only that approval is accorded, covering dozens of orders across many years and assessees, granted on the limitation date, invites the inference that no mind was applied. Whether the consequence is that the assessment is void or merely irregular has been contested.

Obtaining the approval on the record

The approval is frequently not in the assessment folder given to the assessee. It is obtained by specific request, and where necessary under the Right to Information Act, before the ground can be argued with a foundation.

Whether the ground is jurisdictional

Since the point goes to the competence to pass the order rather than to its merits, it is ordinarily capable of being raised as an additional ground under section 250(5) even if omitted from the original grounds.

Common questions

Frequently asked.

What does section 153D require?

That no assessment or reassessment order under section 153A or 153C be passed by an officer below the rank of Joint Commissioner without the prior approval of the Joint Commissioner. The approval was required in respect of each assessment year.

Can an assessment be challenged for mechanical approval under section 153D?

It is a well-established line of challenge. Where the approval is a single omnibus line covering many assessment years and many assessees, granted on the date the orders would otherwise be time-barred, with nothing to show the record was seen, the argument is that no approval in law was given. The consequence for the order has been contested.

How do I obtain a copy of the section 153D approval?

By specific request to the Assessing Officer, and where that is not answered, by application under the Right to Information Act. The ground is difficult to argue without the approval itself on the record.

Related

Provisions that travel with this one.

This page states general principles as at September 2026 and is not advice. Section numbers were verified against the Act as enacted and as amended by the Finance Act 2026; note that mapping tables built from the February 2025 Bill or the Select Committee draft can carry outdated headings, sub-section numbers and rates.