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2024 (1) TMI 204 - AT - Income TaxValidity of assessment order u/s 153C/143(3) - period of limitation - assessment within block of six assessment years - HELD THAT:- As the present AY 2011-12 does not fall within the block of six assessment years therefore the Assessing Officer had no valid jurisdiction to issue notice u/s. 153C of the Act and to frame assessment order for AY 2011-12. Thus, respectfully following judgment of Hon’ble jurisdictional High Court of Delhi in the case of Server Agency [2017 (8) TMI 733 - DELHI HIGH COURT] and the order of the coordinate Bench, as noted above, we are inclined to hold that the impugned assessment order passed u/s 153C r.w.s. 143(3) of the Act, dated 30.12.2018, for AY 2011-12 is invalid being passed by the Assessing Officer without having valid jurisdiction as per mandate of section 253C of the Act. Accordingly, we quash the same along with all consequent proceedings and orders - Decided in favour of assessee. Assessment u/s 153C - validity of incriminating material noted by the AO in the satisfaction note - recording requisite satisfaction as per law - HELD THAT:- We are inclined to hold that the alleged incriminating material noted by the Assessing Officer in the satisfaction note had to pertain to assessment year under consideration and when the documentary evidence seized and relied by the Assessing Officer did not establish any co-relation, document wise with the any of assessment year under consideration then the notice u/s. 153C of the Act, and consequent assessment order passed u/s. 143(3) r.w.s. 153C of the Act deserve to be quashed. Therefore respectfully following the preposition rendered in the case of PCIT vs. Singhad Technical Education Society (2011 (4) TMI 871 - ITAT, PUNE) notice u/s. 153C of the Act and all consequent proceedings and orders including impugned assessment order 30.12.2018 for AY 2012-13 are quashed. Accordingly, grounds no. 1 to 3 of assessee are allowed.
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