https://www.taxtmi.com/caselaws?id=761172 ITAT Delhi quashed the entire assessment for AY 2016-17 after finding that the AO failed to obtain mandatory approval from the jurisdictional PCIT before selecting the return for scrutiny, as required under CBDT Instruction No. 5/2017. The tribunal held that non-compliance with CBDT instructions renders assessment proceedings void ab initio, citing CIT vs Best Plastics P Ltd. The revenue's reliance on section 292BB was rejected, as jurisdictional defects cannot be cured by this provision, following the SC precedent in Laxman Das Khandelwal. The assessee's cross objections were allowed. en-us Thu, 24 Oct 2024 00:00:00 +0530 Wed, 06 Nov 2024 08:34:24 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=761172 ITAT Delhi quashed the entire assessment for AY 2016-17 after finding that the AO failed to obtain mandatory approval from the jurisdictional PCIT before selecting the return for scrutiny, as required under CBDT Instruction No. 5/2017. The tribunal held that non-compliance with CBDT instructions renders assessment proceedings void ab initio, citing CIT vs Best Plastics P Ltd. The revenue's reliance on section 292BB was rejected, as jurisdictional defects cannot be cured by this provision, following the SC precedent in Laxman Das Khandelwal. The assessee's cross objections were allowed. Case-Laws Income Tax Thu, 24 Oct 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=761172