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2018 (11) TMI 632 - AT - Income TaxAssessment u/s 153C - non issue of notice - assessment order passed u/s 143(3) - Non recording of satisfaction - Held that:- A.O should have framed the assessment under section 153C of the I.T. Act in the case of the assessee and at the time of initiating the proceeding against the assessee, should have issued notice under section 153C of the I.T. Act which have not been done in this case. No satisfaction note have been recorded under section 153C of the I.T. Act for the assessment year under appeal. No assessment under section 153C have been framed. Further, no notice under section 153C have been issued and no incriminating material was found against the assessee for the assessment year under appeal. The above conditions of Section 153C are mandatory for taking action against the assessee under section 153C of the I.T. Act. The assessment order passed by the A.O. under section 143(3) of the I.T. Act, therefore, vitiated, void, illegal and bad in law and cannot be sustained. See M/S. BNB INVESTMENT & PROPERTIES AND SHRI RANJAN GUPTA VERSUS DCIT CENTRAL CIRCLE-1. [2018 (8) TMI 597 - ITAT DELHI] - Decided in favour of assessee.
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