Imported menthol-scented sweet supari classification dispute: seizure quashed, release for home consumption subject to duty bond; bank guarantee refus...
CKD/SKD air-conditioner components classifiable with finished units by essential character; prior advance ruling extended three years, FTA benefits po...
Scope of judicial review under Article 226: supervisory, not appellate; factual reappraisal barred, challenge dismissed; insolvency professional dutie...
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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