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Consolidated section 153D approval without examining records or incriminating material invalid
Case Law Details
- Case Name
- Balaji Metal Tech Pvt. Ltd. Vs DCIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2018-19
- Courts
- All ITAT, ITAT Delhi
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Balaji Metal Tech Pvt. Ltd. Vs DCIT (ITAT Delhi)
Mechanical Invalid Approval Invalidates Assessment & Assessment Under Wrong Section Fatal
ITAT Delhi has quashed the assessment framed for AY 2018-19 & dismissed Revenue’s appeals for AYs 2014-15 to 2017-18. The Tribunal held that the assessment was vitiated since approval was granted mechanically without application of mind & the AO had wrongly completed the proceedings u/s 143(3) instead of 153C, despite clear reference to section 153C in the approval process.
Assessee had challenged the validity of the assessme...




