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2023 (3) TMI 1186 - ITAT DELHIValidity of assessment order passed u/s 143(3) r.w.s. 144C(3) - necessity of variation in the income returned by the assessee - period of limitation - whether AO could have proceeded u/s 144C(1) r.w.s.144C(3) in a case where there is no variation in the income returned which is prejudicial to the assessee - HELD THAT:- In the facts of the present appeal, admittedly, there is no variation in the income or loss returned which is prejudicial to the interest of the assessee. Therefore, in our considered opinion, the provisions of Section 144C(1) of the Act is not applicable to assessee’s case. As following the decision of the coordinate bench in assessee’s case [2022 (9) TMI 1236 - ITAT DELHI] firstly; we hold that the assessment order is invalid due to wrongful assumption of jurisdiction under section 144C(1) of the Act and secondly; because it is barred by limitation. Accordingly, the impugned assessment order is quashed and the order of Commissioner (Appeals) is set aside. Additional grounds are allowed.
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