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2023 (4) TMI 358 - AT - Income TaxValidity of Assessment u/s 153C - Notice issued by any officer other than jurisdictional AO - loans taken from Kolkata companies were only accommodation entries and the assessee as well as Shri Baldeep Goyal paid unaccounted cash to these companies on receiving loans through cheque / other modes - HELD THAT:- AO (ACIT, Central Circle-3, Jaipur) who was AO of Shri Baldeep Goyal, got the jurisdiction over the case of the assessee vide order dated 02-09-2019 passed by ld. Pr. CIT, Jaipur-2 u/s 127 of the Act. From the entire conspectus of the case, it appears that the AO had recorded the satisfaction note prior to assuming jurisdiction over the case of the assessee as the AO got charge over the case of the assessee on 02-09-2019 We have noted that as on 01-08-2019 when satisfaction note was prepared the AO was not having jurisdiction over both the cases i.e. Shri Baldeep Goyal and the assessee- Shri Arun Agarwal. Hence, the case of M/s. Super Malls Pvt Ltd. [2020 (3) TMI 361 - SUPREME COURT] has been incorrectly relied upon by the ld. CIT(A). CIT(A) is not justified in sustaining the action of the AO in holding that the AO has assumed proper jurisdiction to assess the case u/s. 153C of the Act. Hence, the solitary ground raised by the assessee is allowed by quashing the orders of the ld. CIT(A) and the AO.
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