Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (7) TMI 430 - ITAT RAJKOTValidity of the assessment order framed u/s 153A read with section 143(3) - whether such order was passed without obtaining the proper approval from the Additional CIT and that too in mechanical matter? - Unexplained cash found during search - HELD THAT:- Assessment has been framed by the AO under section 143(3) of the Act, without obtaining the valid approval from the joint Commissioner of income tax. Accordingly, such assessment is not valid under the provisions of law. In holding so we draw support and guidance from the judgment of Hon’ble jurisdictional High Court in case of CIT vs. Sunrise Finlease [2017 (12) TMI 674 - GUJARAT HIGH COURT]. Revenue has not brought anything on record contrary to the arguments advanced by the learned AR for the assessee. As the assessee succeeds on the preliminary issue raised by him, we do not find any reason to adjudicate the other issue raised by the assessee challenging the validity of the assessment as well as on merits. Hence the ground of appeal of the assessee is allowed. Order being pronounced after ninety (90) days of hearing - COVID-19 pandemic and lockdown - HELD THAT:- Taking note of the extraordinary situation in the light of the COVID-19 pandemic and lockdown, the period of lockdown days need to be excluded. See case of DCIT vs. JSW Limited [2020 (5) TMI 359 - ITAT MUMBAI]
|