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.

View Source

← Previous Next →

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

You may also like:

Sales Tax / VAT - Himani Navratan Oil liable to tax as Ayurvedic medicament, not as Cosmetic

Customs (Fees for Rendering Services by Customs Officers) Amendment Regulations, 2016 - Notification

Jurisdiction of Central Tax Officers - CGST officers - Notification

Absence of reasons in approval order u/s 151 for reopening assessment u/s 148 renders it invalid. Mere appending of word "approved" without recording satisfaction after...

The case involved a challenge to the validity of approval u/s 153D for assessment u/s 153A. The Appellate Tribunal found that the approval granted by the JCIT was...

Assessment order passed u/s 153A - valid approval granted u/s 153D or not? - The Tribunal found that the approval granted under Section 153D was generic and lacked...

Validity of reopening of assessment u/s 147 - appropriate authority - if Joint Commissioner approves the proceedings/ proposal sent by the Assessing Officer to be a fit...

Reopening of assessment - Validity of approval granted by the CIT - earlier Revision u/s 263 dropped - Notwithstanding this order passed by the Principal Commissioner of...

Reopening of assessment u/s 147 - validity of order passed u/s 148A(d) - With Regard to the approval under Section 151 of the Income Tax Act, the High Court questions...

Validity of reopening of assessment - if only the AO who applied for approval under Section 151 of the Act had only read the approval form, he would have made the...

Reopening of assessment u/s 147 was invalid due to procedural irregularities. The Assessing Officer initiated proceedings without verifying information and the...

Validity of assessment order passed u/s.153A - ACIT in short appears to have adopted a short cut in the matter and an undertaking from AO was considered adequate by him...

The court held that the approval granted u/s 151 for reopening the assessment u/s 147 was invalid. The satisfaction arrived at by the concerned officer should be...

The procedure for filing and processing Bill of Entry amendment requests is governed by Section 149 of the Customs Act, 1962. Importers/Customs Brokers can file online...

Once the resolution plan is approved under the Insolvency and Bankruptcy Code, any outstanding claims, including those under the Gujarat Value Added Tax Act for...

Quick Updates: