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2019 (12) TMI 1446 - ITAT RANCHIValidity of assessment u/s 153A - Non taking the approval of the competent authority u/s 153D - HELD THAT:- The supervisory power mandated under s.153D of the Act in case of search assessment could not be bypassed. The co-ordinate bench in D. S. India Jewelmart P Ltd. [2019 (9) TMI 866 - ITAT AGRA] taken note of various judicial decisions and arrived at conclusion that lack of approval under s.153D of the Act could invalidate the assessment order. The non-compliance of Section 153D of the Act is a substantive defect and thus not curable. Such absence of approval has rendered the assessment order passed under s.153A of the Act as bad in law at the threshold. Action of the CIT(A) is reversed and the main ground of the assessee is allowed. Levy of interest under s.234A and 234B with reference to assessed income instead of returned income - HELD THAT:- As relying on M/s. Anand Vihar Construction Pvt. Ltd [2018 (11) TMI 1738 - ITAT RANCHI] Interest under s.234A & 234B of the Act is chargeable with reference to returned income only, we are inclined to adjudicate the legal objection raised by way of additional ground in favour of the assessee.
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