Search and seizure: abatement of earlier search bars use of prior seized material in later search-based assessments; relief limited to new documents f...
Admission of additional evidence under remand rules must await a meaningful remand report; failure to do so breaches natural justice and mandates rema...
Export Obligation Discharge Certificates for EPCG compliance cannot be questioned by Customs unless DGFT adjudicates and cancels them, so demands quas...
Validity of assessments framed u/s 153A turned on whether prior approval u/s 153D was valid. The Tribunal held that the JCIT's common approval was granted mechanically, without due application of mind, as a mere rubber-stamp, and suffered from multiple infirmities; therefore, it was invalid in law. Since an assessment u/s 153A without valid approval u/s 153D is void ab initio and not curable, the impugned assessment orders were annulled. Consequentially, grounds on merits of additions became infructuous and were not adjudicated. Grounds challenging initiation of penalty proceedings were held not maintainable and dismissed. - ITAT
Validity of assessments framed u/s 153A turned on whether prior approval u/s 153D was valid. The Tribunal held that the JCIT's common approval was granted mechanically, without due application of mind, as a mere rubber-stamp, and suffered from multiple infirmities; therefore, it was invalid in law. Since an assessment u/s 153A without valid approval u/s 153D is void ab initio and not curable, the impugned assessment orders were annulled. Consequentially, grounds on merits of additions became infructuous and were not adjudicated. Grounds challenging initiation of penalty proceedings were held not maintainable and dismissed. - ITAT
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