9911796707
TMI Blog2023 (7) TMI 979X X X X Extracts X X X X X X X X Extracts X X X X ..... (A) are both against the facts of the case and are untenable in law. 2. That the worthy CIT(A) has not appreciated the facts of the case and merely relied on order of the AO and without any rhyme & reason, the Ld. CIT(A) has grossly erred in restricting the addition to the tune of Rs. 11,00,000/- out of Rs.22,00,000/- made by the AO on account of cash intercepted. As such order of the CIT(A) is also liable to cancelled. 3. That the authorities below did not appreciate that notice issued u/s 153A by the AO is bad in the eyes of law, inasmuch as, no notice u/s 153A could be issued for the AY 2017-18 and as such the assessment framed in response to notice u/s 153A is illegal, invalid and bad in the eyes of law and the assessment made is li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for and the same may be deleted. Alternatively, the addition made is very high & excessive. 8. That any other ground of appeal which may be urged at the time of hearing of the appeal. 3. At the outset, the Ld. AR submitted that ground 3 of the appeal is legal ground that. that notice issued u/s 153A by the AO is bad in the eyes of law, inasmuch as, no notice u/s 153A could be issued for the AY 2017- 18 and as such the assessment framed in response to notice u/s 153A is illegal, invalid and bad in the eyes of law and the assessment made is liable to be cancelled. The order of the worthy CIT(A) thereby confirming the order of the AO is bad in the eyes of law and is also liable to be cancelled. Since, the issue of notice u/s 153A goes to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... does not vitiate the entire assessment order. On the facts and circumstances of the case, in my view the legal objection by the appellant is dismissed. " 5. The Ld. AR submitted that 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 assessee for the six assessment years immediately preceding to the relevant assessment year i.e. AY 2017-18. In response thereto, assessee has filed the return of assessment for the assessment year 2011-12 to 2016-17. He further submitted that the notice u/s 153A of the Income Tax Act, 1961 was issued to the appellant for AY 2017-18 on 13.11.2017 asking the him to file the return in response to the same (APB, Pg.1). In response to the same, the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.2017, 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, we are of the considered view that the 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 and subsequently, notice issued u/s 143(2) on 16.11.2018 and assessment framed u/s 153A r.w.s.143(3) of the Act would be held to be bad in the eyes of law inasmuch as no notice u/s 153A could be issued for the AY 2017- 18. The observation of the Ld. CIT(A) that merely the issue of notice u/s 153A does not vitiate the entire assessment order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... year can be made only under section 143(1) or 143(3) or 144 or 147 of the Act but cannot be made under section 153A of the Act. Reasons stated by the CIT(A), we are of the opinion that the CIT(A) was quite justified in holding that for the assessment year under consideration, the AO had no jurisdiction to pass an order under section 153A - Decided in favour of assessee. 10. The Hon'ble Allahabad High Court in the case of COMMISSIONER OF INCOME TAX (CENTRAL) VERSUS SRI RAJ KUMAR JAISWAL AND SMT. REKHA JAISWAL AND SRI RAM DAYAL JAISWAL, 2017 (2) TMI 1276 has observed as under: Assessment u/s 153A - merely quoting a wrong section will not render assessment order void ab initio and that such mention of a wrong section is a defect curable u/s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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