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2016 (8) TMI 1278 - HC - Income TaxAssessment u/s 153A - Tribunal quashing the Assessment Order passed by AO u/s 153A - Held that:- Initiation of a valid search as contemplated under section 132 in the case of a person is a prerequisite to issue notice for making assessment / reassessment under section 153A of the Income tax Act, 1961 in respect of such person. No substantial question of law. Non considering provisions of section 292BB - Held that:- Although normally in law a defect or an omission to serve notice would not be fatal in view of Section 292BB of the Act, the same would not apply in the present facts. This is for the reasons that the Assessing Officer had no jurisdiction to issue notice so as to assess the Respondent Assessee under Section 153A of the Act. Therefore, Section 292BB of the Act would not apply. No substantial question of law.
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