Service permanent establishment requires non-auxiliary services, while arm's-length distributor remuneration precludes further profit attribution in I...
Make-available condition excludes standard SaaS subscription receipts where customers receive no independently usable technical knowledge after subscr...
Anonymous donation classification fails where charitable trusts maintain undisputed donor identity records and evidence corpus contributions' intended...
Transfer pricing method selection favours TNMM where medical-equipment distribution involves substantial post-import value addition and operational ri...
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.