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2020 (4) TMI 659 - AT - Income TaxAssessment u/s 153A - absence of issuance of mandatory statutory notice u/s 153C - HELD THAT - A perusal of the reply received from the Income Tax department by the assessee under RTI Act shows that the AO has categorically given a reply that no notice u/s. 153C was issued for A. Y. 2012-13. Since the order of the CIT(A) has attained finality as nothing contrary brought to our notice, therefore, the assessment for A.Y. 2012-13 has to be u/s. 153C/153A. Since the AO has not issued the mandatory notice u/s. 153 C as admitted by the AO in his reply to the information obtained by the assessee under RTI Act, therefore, the mandatory procedure prescribed u/s. 153 C has been violated and, therefore, assessment order so passed by the AO is not in accordance with law. Hence, the same has to be quashed. We accordingly hold that the assessment order framed by the AO u/s. 143 (3) / 153 C and 153 A is void ab initio and, therefore, has to be quashed. The ground raised by the assessee is accordingly allowed.
Issues:
1. Validity of assessment order under sections 153C and 153A. 2. Jurisdiction of the Assessing Officer. 3. Addition of undisclosed interest income. Issue 1: Validity of assessment order under sections 153C and 153A The appeal challenged the assessment order dated 04.07.2016 of the CIT(A)-19, New Delhi for A.Y.2012-13. The appellant contended that the impugned assessment under section 153C was illegal due to the absence of a mandatory statutory notice. The appellant also argued that as no assessment proceedings were pending for the relevant assessment year at the time of the search, the AO exceeded jurisdiction in making additions not supported by incriminating material. The CIT(A) upheld the addition of undisclosed interest income but deleted the addition of unsecured loans. The appellant cited precedents to support the argument that the AO's assumption of jurisdiction without issuing a notice under section 153C was unlawful. Issue 2: Jurisdiction of the Assessing Officer The appellant relied on an RTI reply confirming the non-issuance of a notice under section 153C for A.Y.2012-13. The AO's assertion that the assessment was conducted under sections 143(3) r.w.s. 153C/153A was challenged by the appellant. The Tribunal noted discrepancies in the AO's assertion and the RTI reply, emphasizing the absence of a notice under section 153C. Referring to a previous order by the CIT(A) in a related case, the Tribunal concluded that the assessment for the year in question should have been under section 153C, not 143(3). As the AO failed to issue the mandatory notice under section 153C, the assessment order was deemed void ab initio and quashed. Issue 3: Addition of undisclosed interest income The AO had made additions to the appellant's income on account of undisclosed interest income and unsecured loans based on a search and seizure operation. The CIT(A) upheld the addition of undisclosed interest income but deleted the addition related to unsecured loans. The appellant challenged the validity of the assessment order, specifically contesting the invocation of provisions under sections 153C and 153A. The Tribunal ultimately allowed the appeal, ruling that the assessment order framed by the AO under sections 143(3)/153C and 153A was void ab initio due to the absence of a mandatory notice under section 153C. This detailed analysis of the judgment highlights the key issues regarding the validity of the assessment order, jurisdiction of the Assessing Officer, and the addition of undisclosed interest income. The Tribunal's decision to quash the assessment order due to the failure to issue a mandatory notice under section 153C showcases the importance of procedural compliance in tax assessments.
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