Assessment u/s 153A - addition u/s 68 - Validity of approval u/s ...

Cosmetic approval by tax officer renders assessment order unenforceable.

Case Laws Income Tax

September 14, 2024

Assessment u/s 153A - addition u/s 68 - Validity of approval u/s 153D questioned - Held that the approval granted by Joint Commissioner of Income Tax (JCIT), Central Circle, Noida u/s 153D for framing assessment order was contrary to provisions. In the assessee's case, the JCIT granted approval without considering factual and legal positions, appraisal report, or incriminating material collected during search. The JCIT merely granted approval as a statutory compulsion without application of mind, rendering the approval a mere ritual or formality. Consequently, the assessment order for the assessment year 2014-15, pursuant to the hollow and cosmetic approval u/s 153D, was held unenforceable in law and quashed, decided in favor of the assessee.

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Assessment u/s 153A - addition u/s 68 - Validity of approval u/s ...

Cosmetic approval by tax officer renders assessment order unenforceable.

Case Laws Income Tax

September 14, 2024

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