Attachment and proclamation of sale of immovable property: limitation treated from financial year end; proclamation held within period, petition dismi...
Second Schedule attachment and validity of a post-notice mortgage: TRO cannot declare mortgage void ab initio; sale and appropriation allowed thereaft...
Limitation for final assessment under sections 144C and 153 treated jointly, resulting in quashing of timebarred assessment order and liberty to reviv...
Validity of assessments framed under s.153A turned on whether mandatory approval under s.153D was granted with due application of mind. Where a single, joint approval was accorded for seven assessment years and the record did not evidence any meaningful interaction or scrutiny by the approving authority of the draft orders, the approval was held to be mechanical, perfunctory, and merely ritualistic, failing the statutory safeguard under s.153D. Consequently, the assessments founded on such symbolic approval were vitiated and were quashed, and the appeal was allowed. - ITAT
Validity of assessments framed under s.153A turned on whether mandatory approval under s.153D was granted with due application of mind. Where a single, joint approval was accorded for seven assessment years and the record did not evidence any meaningful interaction or scrutiny by the approving authority of the draft orders, the approval was held to be mechanical, perfunctory, and merely ritualistic, failing the statutory safeguard under s.153D. Consequently, the assessments founded on such symbolic approval were vitiated and were quashed, and the appeal was allowed. - ITAT
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