Educational approval requires mandatory State registration, but incidental surplus and trustee-owned land do not prove private benefit or profit motiv...
Judicial review of settlement orders cannot reopen settled customs notices, while statutory interest remains subject to verification and quantificatio...
Customs Broker licence lending for consideration justified revocation where exporter authorisation and client verification obligations were also breac...
Fraudulent import documents suspend limitation protection, while redemption of confiscated goods requires duty and interest despite bona fide purchase...
ODR arbitration participation remains mandatory after failed conciliation, while jurisdictional and maintainability objections stay available before t...
Transparency in technical bid evaluation requires disclosed standards and recorded reasons; opaque scoring invalidated tender awards and required fres...
Automated export obligation extensions remove separate regional applications after committee approval for Advance Authorisation and EPCG authorisation...
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HC held that picking up a tax return for scrutiny without prior approval from PCIT/PDIT/CIT/DIT violates procedural guidelines. While tax authorities can select returns for scrutiny based on verifiable tax evasion information under Instruction No. 5/2017, the critical procedural requirement of obtaining jurisdictional authority's approval was not met in this case. The absence of mandatory approval rendered the assessment order invalid, and ITAT's decision to set aside the assessment for AY 2016-17 was upheld as legally sound and procedurally correct.
HC held that picking up a tax return for scrutiny without prior approval from PCIT/PDIT/CIT/DIT violates procedural guidelines. While tax authorities can select returns for scrutiny based on verifiable tax evasion information under Instruction No. 5/2017, the critical procedural requirement of obtaining jurisdictional authority's approval was not met in this case. The absence of mandatory approval rendered the assessment order invalid, and ITAT's decision to set aside the assessment for AY 2016-17 was upheld as legally sound and procedurally correct.
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