Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Mechanical approval under section 153D vitiates search...
Mechanical approval under search assessment law vitiates assessments when sanction lacks application of mind; retrospective curative provision cannot validate it.
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
Mechanical approval under section 153D vitiates search assessments where the sanction order shows no examination of the assessment records, issues involved, material relied upon, or reasons for approval across multiple years. The Tribunal treated this as a case of absence of application of mind, not a mere inadequacy of reasons, and held the assessments framed on that basis unsustainable. Section 292BC did not cure the defect because, though made retrospective from 01.04.2021, it could not validate approvals granted earlier. The challenge to the section 153D approval was allowed and the assessments were quashed.
Mechanical approval under section 153D vitiates search assessments where the sanction order shows no examination of the assessment records, issues involved, material relied upon, or reasons for approval across multiple years. The Tribunal treated this as a case of absence of application of mind, not a mere inadequacy of reasons, and held the assessments framed on that basis unsustainable. Section 292BC did not cure the defect because, though made retrospective from 01.04.2021, it could not validate approvals granted earlier. The challenge to the section 153D approval was allowed and the assessments were quashed.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4803
Join Channel
TaxTMI 
