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2018 (2) TMI 1273 - AT - Income TaxValidity of Assessment u/s 143(3) - assessment for Assessment year 2009-10 has been framed by an order dated 31.12.2010 u/s 143(3) instead of section 153C - Held that:- since the date of satisfaction note is 4.10.2010, the year of search would be Assessment year 2011-12 and as such, based on the said note, six assessment years for framing assessment u/s 153C of the Act would be assessment year 2005-06 to assessment year 2010-11. In the instant case, assessment for Assessment year 2009-10 has been framed by an order dated 31.12.2010 u/s 143(3) of the Act; instead of section 153C of the Act. Accordingly, the Assessing Officer was incorrect in assuming jurisdiction u/s 143(3) of the Act for Assessment year 2009-10. Assessing Officer ought to have framed the assessment for assessment year 2011-12 under section 143(3) of the Act and not for the instant assessment year i.e. assessment year 2009-10. It is thus held that the Assessing Officer was incorrect in assuming jurisdiction u/s 143(3) of the Act for assessment year 2009-10 and, therefore, the present assessment is not valid. The additional ground raised is therefore, allowed in favour of assessee.
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