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 ... referred to in clause (b) of ] [ Inserted by Act 18 of 2005, Section 47 (w.r.e.f. 1.6.2003).] [sub-section (1) of section
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 ... April, 2016, namely:- "Provided that nothing contained in this section shall apply where the assessment or reassessment order, as the case may be, is required
Rajnish Talwar, New Delhi vs Acit, Central Circle-4, New Delhi on 19 January, 2021
Principal Commissioner or
Commissioner] under sub-section (12) of section 144BA .]"
9.1 The above provisions of section 153D of the Act were inserted ... scheme of section 153A of
the Act. Keeping in view the above basic fundamental features of Section
153A , if Section 153D is scrutinized, then
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 ... rightly passed the assessment order
under section 153B(1)(b) of the Income Tax Act, 1961.
Further, Section 153D of the Income Tax Act provides
u/s 153A(a) of the Act is not
sustainable in view of the fact that the order of assessment were
approved u/s 153D ... contested as
follows:- .
a. That as per the provisions of section 153D of the Act every
assessment order in search cases are to be passed
section (1) of section 153A or the assessment year referred to in clause (b) of sub-
section (1) of section 153B , except with the prior ... provisions of Sec. 153A . Sec. 153B talks about time limit for
completion of assessment u/s. u/s. 153A, whereas S. 153D , talks about necessity
Order u/s 143(3) for
A.Y.2009-10 - Reg.
Ref.: letter No.ACIT-32/Appr. u/s. 153D/2010-11 dated
29.11.2010.
***
Please ... u/s. 143(3) forwarded by you, vide your letter
No.ACIT-32/ Appr. u/s. 153D/2010-11 dated
scheme of the said Section. Keeping in view of this basic fundamental features of Section 153A , if Section 153D is scrutinized, then, it would become ... Clause (b) of sub-section (1) of Section 153A which provides for assessment in case of search under Section 132 . Section 153A(1)(a) requires
have been passed under
section 153B / 143(3) of the I.T. Act, 1961, after obtaining
necessary approval under section 153D ... assessment under
section 143(3) read with section 153C was
passed after getting approval of Addl. CIT
under section 153D
