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TMI Blog2019 (12) TMI 1503X X X X Extracts X X X X X X X X Extracts X X X X ..... he same assessee, they are being disposed off by this common order. 2. Mr. T. Banusekar, Chartered Accountant represented on behalf of the Assessee and Ms. R. Anita, JCIT represented on behalf of the Revenue. 3. ITA No.2869/Chny/2017 : In the appeal of the assessee, it was submitted by the learned Authorized Representative that the assessee is the Proprietor of Sri Amman Jewellers at Madurai. On 01.03.2015, one Mr. J. Sivaram Subramanium was intercepted by the Inspector of Police, Nadu Vattam Police Station, Nilgiris and an amount of Rs. 18,11,000/- was seized from him. The said Mr. Sivaram Subramanium claimed to be travelling from Bangalore to Koodalur. He also claimed to be a relative of the assessee herein. It was also informed that th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nexplained money of the assessee. It was a submission that no incriminating documents or evidences had been found in the course of the requisition done u/s.132A relating to the Assessment Year 2011-12 and consequently the notice issued u/s.153A was unsustainable. For this proposition, he placed reliance on the decision of the Hon'ble Supreme Court in the case of Principal Commissioner of Income Tax vs. Meeta Gutgutia reported in [2018] 96 taxmann.com 468 (SC) wherein it has been held as follows: "I. Section 153A of the Income-tax Act, 1961 - Search and seizure (General Principles) - Assessment Years 2001-02 to 2003-04 and 2004-05 - High Court in impugned order held that invocation of section 153A to re-open concluded assessments of assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d that the law is in existence right from the beginning. The Hon'ble Supreme Court has in very categorical terms held by dismissing the SLP that invocation of the provision of Section 153A to reopen the concluded assessments of the Assessment Years earlier to the year on search is not justified in the absence of incriminating materials found during search qua each such earlier Assessment Years. In the present case, no such incriminating material has been found qua the Assessment Year 2011-12. 8. This being so, respectfully following the principles laid down by the Hon'ble Supreme Court in the case of Principal Commissioner of Income Tax vs. Meeta Gutgutia referred to supra, it is held that the notice issued u/s.153A for the Assessment Year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the provision of Section 142(1) clearly showed that a notice u/s.142(1) can be issued on the assessee calling for his return of income only if the assessee has not filed his original return within the time prescribed u/s.139(1) of the Income Tax Act, 1961. It was a submission that the original return for the relevant assessment year had been filed by the assessee on 01.10.2015 and that was a return u/s.139(1) and therefore the notice issued u/s.142(1) itself calling for the return of the assessee was an invalid notice. It was further a submission that as the notice u/s.143(2) had been issued beyond the prescribed time limit prescribed under the Act, consequently the assessment is liable to be annulled. It was a submission by the learned Aut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 139(1) and the said return has also been processed u/s.143(1) on 02.06.2016. The notice u/s.142(1) issued on 29.06.2016 asking the assessee to file the return of income consequently is an invalid notice and is liable to be quashed and we do so. The assessee having filed a valid return u/s.139(1) on 01.10.2015, the time limit calling for details u/s.143(2) for the purpose of assessment expired on 30.09.2016. However, the notice u/s.143(2) has been issued only on 09.11.2016 which is far beyond the time stipulated under the statute. Consequently, the said notice u/s.143(2) being barred by limitation is liable to be quashed and we do so. As the notice u/s.143(2) has been quashed, the assessment becomes unsustainable and the same stands quashed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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