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2022 (4) TMI 711 - AT - Income TaxIssuance of a valid 143(2) a condition precedent for framing Section 143(3) assessment in the year of search - DR vehemently reiterated the Revenue's foregoing pleadings that the issuance of Section 143(2) notice is nowhere mandatory in Section 153A proceedings initiated in furtherance to a search in light of the various case law cited therein - HELD THAT:- We find no merit in the Revenue's instant grievance since it has come on record that this is AY. 2010-11 before us where the search itself was conducted on 11-03-2010. This is the year of search in other words not covered under the specified period of six assessment years u/s. 153(1)(a) of the Act. Coupled with this, the hon'ble apex court's decision in CIT Vs. Laxman Das Khandelwal [2019 (8) TMI 660 - SUPREME COURT] holds that issuance of a valid 143(2) notice is very much a condition precedent for framing Section 143(3) assessment in the year of search. We thus find no infirmity in the Ld. CIT(A)'s order under challenge quashing the impugned assessment.
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