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2023 (4) TMI 943 - AT - Income TaxAssessment u/s 143(3) instead of section 153A - disallowance to 10% of the claim out of foreign travel expenses of the directors - Whether action of the assessing officer of making assessment u/s 143(3) instead of section 153A since the satisfaction note was prepared by the Assessing officer on 29/01/2014, which became the “substituted” date of search u/s 153C of the Act and the AY 2013-14 fell within the six preceding assessment years, i.e., from AY 2008-09 to 2013-14 for the purpose of assessment u/s, thus, the assessment framed u/s 143(3) is not legally valid and should be annulled? - HELD THAT:- We have gone through the decision of Delhi “E” Bench of the Tribunal in assessee’s own case in [2020 (1) TMI 725 - ITAT DELHI] whereby the orders of the authorities below have been set aside and the assessment order passed under section 143(3) of the Act has been quashed We hold that the impugned assessment order is illegal and bad in law and is not sustainable in law. Accordingly, the orders of the Ld. AO/CIT(A) are set aside and the assessment order passed by the Ld. AO under section 143(3) of the Act is hereby quashed - Appeal of the assessee is allowed.
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