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2022 (7) TMI 1482 - AT - Income TaxValidity of Assessment u/s 153A - Deemed dividend u/s. 2(22)(e) - whether incriminating documents found during the course of search? - HELD THAT:- Assessing Officer has issued the notice u/s. 153A of the Act without indicating any details on the incriminating material found during search and we observe that the assessee has raised this jurisdictional issue before us that Assessing Officer has issued improper notice u/s. 153A of the Act to initiate proceedings in unabated assessment year under consideration. In the similar situation the Coordinate Bench of this Tribunal has decided the similar issue relying on the decision of Underwater Services Co. Ltd. v. ACIT & others [2021 (10) TMI 1158 - BOMBAY HIGH COURT] AND in the case of D Décor Exports Pvt. Ltd., v. DCIT [2022 (4) TMI 1180 - ITAT MUMBAI] issuance of notice is the preliminary step which enables the assessee to effectively deal with the case made out by the revenue. Further, the section 153A provides that an assessment has to be made under the said section only on the basis of seized material u/s 132 or 132A, in the absence of such details in the notice issued under the said section, the assessee is not in a position to appreciate which return of income should be filed in response to the notice issued u/s 153A, whether the original return of income filed or revised return of income. Thus we are inclined to accept the submissions of the Ld. AR that notice issued u/s. 153A is bad in law and assessment made by issue of improper notice is also bad in law. Assessment made u/s. 143(3) r.w.s. 153A of the Act is bad in law - No merit of additions made by the Assessing Officer u/s. 2(22)(e) - Decided in favour of assessee.
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