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Prior approval u/s. 153D vitiated as granted without application of mind
Case Law Details
- Case Name
- PCIT Vs Citron Infraprojects Limited (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2016-17
- Courts
- All High Courts, Bombay High Court
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PCIT Vs Citron Infraprojects Limited (Bombay High Court)
Bombay High Court held that grant of approval under section 153D of the Income Tax Act cannot be merely a ritualistic formality. Thus, proceedings u/s. 153A, based on approval u/s. 153D granted without application of mind, is vitiated.
Facts- The present petition has been preferred by the department. the only substantial question involved in all these Appeals is whether, in the facts and circumstances of the present case, the ITAT was justified in faulting the prior approval under Section 153D of the Income Tax Act on the ground that th...
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