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TMI Blog2021 (7) TMI 155X X X X Extracts X X X X X X X X Extracts X X X X ..... ment suffers from a patent legal defect at the threshold itself since the Assessing Officer ought to have initiated the same u/s. 153A in case of the searched assessee than a third party. We thus adopt stricter construction going by hon'ble apex court's full bench decision Commissioner of Customs Vs. Dilip Kumar [ 2018 (7) TMI 1826 - SUPREME COURT] and quash the impugned assessment itself as 'invalid'. - ITA Nos. 1093/Hyd/15 and 1094/Hyd/15 - - - Dated:- 29-6-2021 - S.S. Godara, Member (J) And Laxmi Prasad Sahu, Member (A) For the Appellant :S. Rama Rao, AR For the Respondents : Narayana Murthy Naik, DR ORDER S.S. Godara, Member (J) 1. These two assessees' appeals for AY. 2006-07 arises agains ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled earlier. Hon'ble apex court's landmark decision in National Thermal Power Co. Ltd., Vs., CIT [229 ITR 383] (SC); as considered in tribunal's Special Bench's decision All Cargo Global Logistics Ltd., Vs. DCIT (2012) [137 ITD 217](SB) (Mumbai), holds that - we can very well entertain such a new ground going to root of the matter so as to determine correct tax liability of a taxpayer provided all relevant facts are already on record. We adopt the very reasoning and admit the assessee's foregoing additional ground. 4. We now come to the foregoing legal issue of validity of Section 153C proceedings. It is not in dispute from a perusal of the paper book dt. 04-05-2016 that the Assessing Officer had first of all issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;s paper book dt. 04-05-2016 containing the Assessing Officer's Section 153C notice dt. 14-02-2012 as follows: PAN NO. Date:-14/01/2012. To Smt. Thunuguntla Saritha, W/o Nanda Kishore, D. No. 13-4-18, 3rd Line, Cunturivarithora, GUNTUR. Asst. Year: 2006-07 Sir, Whereas a search was initiated under section 132 of the Income tax Act, 1961/or books of accounts, other documents or any assets were requisitioned under section 132A on 16/09/2010 in your case. And in pursuance of the provisions of section 153A(b) of the Income tax Act, 1961 it is required to assess or reassess your total income of six assessment years immediately preceding the assessment-year relevant to the previous year in whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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