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TMI Blog2024 (7) TMI 657X X X X Extracts X X X X X X X X Extracts X X X X ..... tion on the part of the assessee. From the perusal of the records and in light of the rival contentions, it is crystal clear that a search and seizure operation was carried out u/s. 132 on 28.7.2011. As per assessment order assessee filed the return of income on 28.6.2012. As matter of fact according to copy of acknowledgment of return of income of appellant/assessee and copy of screenshot appellant/assessee filed return of income for AY 2012-13 on 28.9.2012. A questionnaire alongwith notice u/s. 142(1) and 143(2) was issued to the assessee on 28.5.2012 and 15.10.2013 respectively were issued. As per provisions of Section 143(2) of the Act, the notice u/s. 143(2) had to be issued within six months from the end of the assessment year i.e. by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t was carried out on Shri Bhushan Lal Sawhney others group of cases on 28.7.2011. Warrant of authorization u/s. 132 of the I.T. Act, 1961 was also issued in name of Sh. Praveen Sawhney. Notice u/s. 142(1) of the Act dated 16.5.2012 was issued to the assessee requiring him to file the return for the assessment year 2012-13. In response to notice u/s. 142(1), the return of income for the AY 2012-13 was filed by the assessee on 28.6.2012 declaring an income of Rs. 95,85,510/-. A questionnaire alongwith notice u/s. 142(1) and 143(2) was issued to the assessee on 28.5.2012 and 15.10.2013 respectively requiring him to file necessary details. Further notice u/s. 142(1) dated 28.10.2014 was issued to the assessee for furnishing the details as asked ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by limitation and therefore assessment order needs to be quashed on this ground. Since the above grounds of appeal are purely legal, do not require fresh facts to be investigated and go to the root of the matter, it is prayed that the same may please be admitted in view of the following judgments: CIT vs. Singhad Technical Education Society, (2017) 97 ITR 03344 (SC). NTPC Ltd. vs. CIT (1998) 229 ITR 0383 (SC) VMT Spinning Co. Ltd. vs. CIT Anr. (2016) 389 ITR 0326 (P H) CIT vs. Sam Global Securities, (2014) 360 ITR 0682 (Del.) Siksha Vs. CIT (2011) 336 ITR 0112 (Orissa) Inventors Industrial Corporation Ltd. vs. CIT (1992) 194 ITR 0548 (Bom.) 4. We have carefully considered the prayer for admission of additional ground and heard both the cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o by recording incorrect fats and rejecting the books of account of the assessee, by referring the various discrepancies in the balance sheet of the assessee. Ld. AR further submitted that Ld. CIT(A) erred in appreciating the fact that search was conducted on 28.7.2011 and notice u/s. 143(2) of the Act was issued after the expiry of limitation period i.e. on 15.10.2013, however, the return of income was filed on 28.9.2012 and as required the notice under section 143(2) of the Act should have been issued by 30.9.2013. In support of this contention, he relied upon the order dated 24.3.2022 of the Hon ble Delhi High Court in the case of PCIT vs. CONSORTIUM NUSSLI COMFORT NET in ITA 62/2021, wherein, the Hon ble High Court has held as under:- . ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acknowledgment of return of income of appellant/assessee and copy of screenshot appellant/assessee filed return of income for AY 2012-13 on 28.9.2012. A questionnaire alongwith notice u/s. 142(1) and 143(2) was issued to the assessee on 28.5.2012 and 15.10.2013 respectively were issued. As per provisions of Section 143(2) of the Act, the notice u/s. 143(2) had to be issued within six months from the end of the assessment year i.e. by 30.9.2013. Admittedly, in this case, the notice was issued on 15.10.2013 i.e., beyond the time limit prescribed under the Act. Therefore, the initiation of proceedings and the jurisdiction invoked by the Assessing Officer suffers from infirmity. In such a situation, we have no option to hold the impugned assess ..... X X X X Extracts X X X X X X X X Extracts X X X X
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