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2018 (6) TMI 1462 - AT - Income TaxAssessment u/s 153A - no proper notices were issued/served - Held that:- In the present case the notice under Section 143(2) was issued to the assessee which is not the mandatory requirement under the provisions of Section 153A of the Act. As per Section 153A, simple notice has to be given to the assessee. Thus, the contention of the Ld. AR that issue of notice u/s 143(2) within stipulated time is mandatory requirement and is not curable u/s 292BB of the Act does not find support. The notice issued to the assessee has mentioned Section 143(2) but that can be treated as simple notice which has to be given under the provisions of Section 153A of the Act. Case of Ashok Chaddha vs. ITO [2011 (7) TMI 252 - DELHI HIGH COURT] to be followed - Thus, the contention of the Ld. AR that no proper notices were issued/served and the order passed is without jurisdiction and barred by limitation does not survive. - Decided against assessee Cash seized from the residence of the assessee - Facts do not inspire any confidence in the explanation of the assessee that sum of ₹ 1.07 crores found from the residence of the assessee at the time of search by police alleging him to be a Satta operator is money withdrawn from his dairy business of M/s. Naman Dairy wherein he is a partner. Thus, there is no need to interfere with the findings of the CIT(A). - Decided against assessee.
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