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2021 (10) TMI 872 - AT - Income TaxRevision u/s 263 by CIT - action u/s. 132A of the act was initiated and concluded - cash seized by the SST-FS team of District Administration - case was selected under scrutiny by issuance of notice u/s 143(2) - SCN issued to assessee seeking to tax the surrender of ₹ 20 Lakhs @ provided under s. 115BBE - requisition has been made u/s 132A of the Act, the jurisdiction to complete the assessment is governed by the provisions of Section 153A - assessee contends that the assessment made u/s 143(3) of the Act in pursuance of requisition u/s 132A of the Act is grossly opposed to the very scheme of the Act and such assessment is wholly unsustainable in law and thusan ab initio void order cannot be subject to revision under s. 263 HELD THAT:- The normal provisions of assessment under s. 143(3) of the Act would not apply in the case where action has been taken either under s. 132 of the Act or under s. 132A of the Act. The assessment, however, has been wrongly framed with the aid of Section 143(3) under the normal provisions of the Act. The assessment made under s. 143(3) of the Act in pursuance of requisition under s. 132A of the Act is grossly opposed to the very scheme of the Act and such assessment is wholly unsustainable in law. We find considerable substance in the plea of the assessee. The order which is a nullity in law and has no legal effect, cannot be revised under s. 263 of the Act. The assessment order being infructuous in law, the consequential action under s. 263 of the Act is equally infructuous. The assessment, in the instant case, has not been framed under s. 153A of the Act despite requisition under s. 132A of the Act. The error committed by the AO in contravention of express provisions of Act is incurable and has rendered the assessment void ab initio and a nullity in law. Such assessment order being devoid of any legal effect could not be revised. The revisional order is accordingly quashed and set aside. - Decided in favour of assessee.
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