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2016 (6) TMI 1131 - AT - Income TaxValidity of assessment u/s 153A - Held that:- When we examine the facts of the present case, we find that like in the case of Kabul Chawla, [2015 (9) TMI 80 - DELHI HIGH COURT ] in the present case return of income originally filed was processed under section 143(1) of the Act, undisputedly, no notice under sec. 143(2) was issued within the prescribed time limit and thus processing of original return of income under sec. 143(1) of the Act had acquired the status of assessment. On the date of search undisputedly no assessment was pending for the abatement and it is also an undisputed fact of the present case that no incriminating material was found during the course of search. On fulfillment of these two conditions i.e. no incriminating material was found during the course of search and no assessment was pending on the date of search, framing of assessment under sec. 153A in the present case thus cannot be justified as valid. We thus respectfully following the ratios laid down in the above cited decision in the case of Kabul Chawla hold that the assessment in question was not valid and it was void ab initio. The same is quashed as such. - Decided in favour of the assessee.
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