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Income Tax - Highlights / Catch Notes

Home Highlights April 2021 Year 2021 This

Validity of assessment order us 153A - Approval by the JCIT as ...


Assessment Order Declared Invalid Due to Lack of JCIT Approval u/s 153D; Fundamental Jurisdictional Error Found.

April 26, 2021

Case Laws     Income Tax     AT

Validity of assessment order us 153A - Approval by the JCIT as required u/s 153D - An irregularity in the assessment order may be rectified by remitting back the matter to the assessment. In the case on hand it is not an irregularity in the assessment order, it is a jurisdictional error. The A.O. has no jurisdiction to pass the assessment order unless the JCIT granted approval. - the orders of both the authorities below were set-aside and the entire assessment order as confirmed by C.I.T.(A) are quashed. - AT

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