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2021 (6) TMI 433 - HC - Income TaxValidity of assessment - order passed u/s 143(3A) & 143(3B) - challenge to the assessment order is made on the ground that it was passed without jurisdiction - HELD THAT:- In this particular case, the reason that we are proceeding ahead with the matter, is that, we are persuaded by the arguments advanced by Mr. Vohra that the impugned assessment order dated 15.04.2021 could not have been passed under Section 143(3A) and 143(3B) after March 31, 2021, having regard to the provisions of Section 143(3D) of the Act. Petitioner is also right in his contention that the CBDT notification dated 31.03.2021, to which, we have made a reference hereinabove, also says, in effect, the same thing, i.e., that after 01.04.2021, the assessment order could have only have been passed in consonance with the provisions of Section 144B of the Act. We are inclined to set aside the impugned assessment order dated 15.04.2021 as also the notice of demand issued under Section 156 of the Act and the notice for initiating penalty proceedings issued under Section 274 read with Section 270A of the Act. The respondent/revenue will have liberty to proceed with the assessment process, albeit, under the provisions of Section 144B.
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