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TMI Blog2019 (2) TMI 1528X X X X Extracts X X X X X X X X Extracts X X X X ..... 9-10, 2010-11 and 2011-12. 2. Brief facts of the case as could be culled out from the record is that there was a search u/s 132 of the Income-tax Act, 1961 ("The Act") on 15.2.2011 conducted at the business premises of the assessee along with various other companies of the RadicoKhaitan group and NV group as a result of which the cases of the assessee were transferred and centralized before the CIT, Central- III, New Delhi. On 27.1.2012, the learned AO issued notice initiating proceedings u/s 143A of the Act for the Asstt. Years 2005-06 to 2010-11 and regularassessment proceedings for the Asstt. Year 2011-12 were pending. On 30.1.2013, the assessee filed an application in Form No.34B for the settlement of their cases u/s 245C(1) of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... irected the assessment proceedings may continue and orders may also be passed. Such interim was made absolute by the Hon'ble Delhi High Court on 17.3.2016. Consequently, learned AO passed the assessment orders on 3.6.2016 u/s 153A of the Act in respect of the Asstt. Years 2008-09 and 2010-11 and u/s 143(3) of the Act for the Asstt. Year 2011-12. Such assessment orders were challenged before the learned CIT(A) and learned CIT(A) by order dated 19.2.2015 dismissed the same upholding the assessment order. Challenging such orders of the learned CIT(A), these appeals are preferred by the assesssee. 4. At the outset, it is brought to our notice that by order dated 9.10.2017, the Hon'ble High Court quashed the orders dated 3.4.2013 passed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2013 that the assessment proceedings may continue and orders may be passed. No doubt so long as the ITSC holds the jurisdiction such an action of the AO was not permissible but when the ITSC has rejected the settlement application of the assessee, it cannot be said that the AO does not have jurisdiction to proceed with the assessment and to pass the orders. Furthermore, such a course was permitted by the Hon'ble High Court in the writ preferred by the assessee. Therefore, it cannot be said that the assessment orders in these years are without jurisdiction or bad under law ab initio. 7. However, in view of the fact that the Hon'ble High Court quashed the order dated 3.4.2013 passed by the ITSC and directed the ITSC to proceed with the matt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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