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2022 (9) TMI 104 - AT - Income TaxValidity of Assessment u/s 153C r.w.s. 153A - issue notice for assessing or reassessing the total income for six assessment years - Period of limitation - notice for assessment year falling within six assessment years immediately preceding the assessment year - HELD THAT:- In the present case, the satisfaction note (as placed by revenue on record) has been recorded by Ld. AO on 24.09.2013 which falls in previous year 2013-14, the relevant assessment year for which is AY 2014-15. The year before us is AY 2007-08. Clearly, this year would be out of the purview of proceedings u/s 153C as per statutory mandate. This being so, the Ld. AO, in our considered opinion, had no jurisdiction to proceed u/s 153C and therefore, the consequential assessment as framed by Ld. AO could not be sustained in the eyes of law. Issuance of notice u/s 153C could not be sustained in the eyes of law for the year under consideration since the jurisdictional conditions to issue the same was not fulfilled and it was barred by limitation. Resultantly, the consequential assessment framed by Ld. AO would have no legs to stand.- Decided in favour of assessee.
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