9911796707
TMI Blog2023 (7) TMI 979X X X X Extracts X X X X X X X X Extracts X X X X ..... was issued to the appellant for assessment year 2017-18 on 13.11.2017, asking him to file the return (APB, Pg.1). Since, the assessment year 2017-18 was out of the period of 6 years provided for the purpose of assessment in pursuant to the requisition u/s 132A dated 05.12.2016 and hence, notice issued u/s 153A on 12.11.2018 to the appellant assessee to file the return of income for the assessment year 2017-18 is invalid notice - Decided in favour of assessee. - I.T.A. No. 448/Asr/2019 - - - Dated:- 20-6-2023 - Dr. M. L. Meena, Accountant Member And Sh. Anikesh Banerjee, Judicial Member For the Assessee : Shri Rohit Kapoor, CA For the Respondent : Shri Hitendra Bhauraoji Ninawe, CIT DR ORDER PER DR. M. L. MEENA, AM ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the addition made during the course of assessment proceedings. Similarly the Ld CIT(A) has grossly erred in confirming the order of the AO. As such the order passed by the AO is bad in the eyes of law and the same is liable to be cancelled and the addition made may be deleted. 5. That the worthy CIT(A) has erred in confirming the addition of Rs.11,00,000/- out of addition made by AO at Rs.22,00,000/- on account of cash intercepted. The CIT(A) should have deleted the whole addition as the addition made at Rs.11,00,000/- is not called for. 6. That the source of the balance amount was duly explained before the AO and as well as before the worthy CIT(A). Both the authorities have not appreciated the facts of the case. As such the additi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n framing the assessment u/s 153A for the year of search. However, the Ld. CIT(A) rejected the contention of the appellant by stating that mere wrong invocation of section 153A would not vitiate the entire assessment order. The relevant part of the order of Ld. CIT(A) is produced hereunder: - The appellant has taken legal ground that since notice u/s 153A was issued to him for the instant YA therefore the entire assessment should be quashed,. The appellant cited section 153A to state that for this assessment year notice u/s 153A cannot be issued. I have perused the ground and the submission of the appellant. I am of the view that notice u/s 153A need not be issued for the instant assessment year 2017-18 being the search assessment year ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... such the assessment framed in response to notice u/s 153A is illegal, invalid and bad in the eyes of law being without jurisdiction and therefore, the assessment is liable to be cancelled. Meaning thereby that, the order of the CIT(A) confirming the order of the AO is being bad in the eyes of law, would also liable to be quashed. 7. Per contra, the Ld DR although stands by the impugned order, however, he failed to file any rebuttal to the contention raised by the counsel. 8. We have heard rival contentions, perused the material on record, impugned order, written submission and case law cited before us. Admittedly, in pursuant to the requisition u/s 132A on 05.12.2016, notice u/s 153A of the Income Tax Act, 1961 were issued to the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e against sale of shop - excess jewellery found during the course of search as undisclosed income - HELD THAT:- We find that the premises of Shri Mahesh Jain was covered in the same search action and the facts as well as the legal issue involved are identical. The Tribunal in the case of brother of the assessee Shri Mahesh Jain [2017 (12) TMI 1744 - ITAT CHANDIGARH] has allowed the legal ground taken wherein held that limitation for completing the assessment for the assessment year relevant to the previous year in which search is conducted under section 132 or requisition is made under section 132A of the Act, but there being no provision as to under which provision of law, the assessee can be called upon to furnish its return for that ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... equisition is made. It brings in period from Assessment Years 2000-01 to 2005-06. Earlier, special procedure for assessment of such cases was given in Chapter XIV-B. It is deleted by virtue of Section 158 (BI) inserted by Finance Act, 2003, w.e.f. 01.06.2003. The provisions of Chapter XIV-B have been made inapplicable where search is initiated under Section 132 or books of account, document or any assets are requisitioned under Section 132A after 31.05.2003. Therein concept of block assessment as defined in Section 158B, included the period up to the date of commencement of search or date of requisition in the previous year, the said search was conducted or requisitioned or made, but this is missing in Section 153A. Thus assessment under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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