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2018 (4) TMI 321 - AT - Income TaxReopening on assessment u/s 147 - Assessment u/s 153C - Held that:- As relying on Koteswara Rao Vs. DCIT (Central Circle), Visakhapatnam [2015 (12) TMI 1280 - ITAT VISAKHAPATNAM] Assessing Officer, has no jurisdiction to issue notice u/s 148 of the Act to reopen the assessments in respect of those six assessment years immediately preceding the assessment year in which search is conducted or requisition is made. The period under consideration falls within the exclusive domain of section 153A. In the instant case, since the assessment is made consequent to search in another case, the Assessing Officer is bound to issue notice u/s 153C and thereafter proceed to assess or reassess total income under section 153A of the Act. The Assessing Officer, instead of complying with the provisions of section 153C, proceeded with the reassessment under section 147/148 which is not applicable to search cases. Therefore, the impugned assessment order passed u/s 143(3), r.w.s. 147 of the Income tax Act, 1961 is illegal, arbitrary and without any jurisdiction - Decided in favour of assessee.
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