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2015 (1) TMI 648 - AT - Income TaxSearch and seizure operation u/s. 132 - Notice u/s. 153C - Jurisdiction of AO to issue notice u/s 153C and, assessment framed u/s 153A/143(3) - Held that:- Issue in dispute has already been adjudicated and decided in favor of the assesse by the Hon’ble Jurisdictional High Court in the case of Pepsico India Holdings (P) Ltd Vs. ACIT (2014 (8) TMI 898 - DELHI HIGH COURT). Therefore, respectfully following the said decision we are of the view that the AO does not have assumption for framing the assessment u/s. 153C read with section 153A of the I.T. Act. The AO lacks the jurisdiction to initiate the proceedings u/s. 153C against the assessee and therefore, the issuance of notice itself is null and void as well as the impugned order passed by the Ld. CIT(A) is also nullity and hence, the same is quashed as such.- Decided in favour of assessee.
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