Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
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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