Section 153D in The Income Tax Act, 1961
153D. Prior approval necessary for assessment in cases or requisition.
- No order of assessment or reassessment shall
Section 43 in Finance Act, 2013
43. Amendment of section 153D.
- In section 153D of the Income-tax Act, the following proviso shall be inserted
Rajnish Talwar, New Delhi vs Acit, Central Circle-4, New Delhi on 19 January, 2021
senior authorit y namel y JCIT as provided under s.153D of
the Act. The AO has claimed that he has obtained the approval ... involving such complex matters and grant approval
as contemplated under s.153D of the Act in a spur. The approval granted
b y the JCIT
approval granted by the
learned Addl. CIT, Central Kanpur u/s 153D of the I.T. Act is
mechanical in nature and without proper application ... required to take the approval from Jt. CIT u/s 153D of the
Act if the Assessing Officer is below the rank
appreciating that since proper sanction, as
required under section 153D of the Act, was not
3
ITA.No.2691/Del./2018 M3M India
Holdings, Gurgaon ... Chandigarh
communicated by letter dated 31st January 2014 in
accordance with section 153D of the Income Tax Act, 1961.
4. The assessee challenged the assessment
fact that the order of assessments were
approved u/s.153D by the ACIT before competition of the
assessment and, therefore, the assessment order ... fact that the order of assessment were
approved u/s 153D by the Ld. Addl. Commissioner of Income Tax
before completion of the assessment
Learned Additional
Commissioner of Income Tax, Central Range, Kanpur under section 153D for
passing impugned assessment order dated 29.03.2014 under section 153A ... assessee had submitted that the approval envisaged under
section 153D , is not merely an administrative approval but there is a statutory duty
on the higher
issue.
3. Since the legal issue of legitimacy of approval under S.
153D raised in all the appeals/ cross objections of both the
assessee ... whereby legality
of approval granted by the designated superior authority u/s
153D have been challenged. It was further submitted that
assessee M/s Arch
passed on basis of
invalid and incomplete and inchoate approval u/s 153D dated 30/12/2016
by JCIT Central Range Meerut as patent from ... after this there is no approval u/s 153D on final draft order
which facts gets doubly confirmed from case order sheet which is blissfully