TMI Blog2021 (11) TMI 854X X X X Extracts X X X X X X X X Extracts X X X X ..... , the assessment order itself becomes null and void ab initio as the notice issued was not issued within the specified time. Since, the assessment itself becomes nullity; there is no need to discuss the merits of the case. The appeal of the assessee is allowed. - I.T.A. No. 4641/DEL/2016 - - - Dated:- 24-9-2021 - Ms Suchitra Kamble, Judicial Member And Sh. Prashant Maharishi, Accountant Member For the Appellant : Sh. Arun Kishore, CA For the Respondent : Ms. Sunita Singh, CIT DR ORDER PER SUCHITRA KAMBLE, JM This appeal is filed by the assessee against the order dated 30/06/2016 passed by CIT(A)-24, New Delhi for assessment year 2013-14. 2. The grounds of appeal are as under: 1. That the Order of Ld. CIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tatutory time limit specified u/s 143. 2. That the existing grounds of appeal already filed be renumbered and these grounds be treated as ground numbers 3 4 and original ground number 3 be renumbered as ground no. 5. 3. Search and seizure action u/s 132 of the Income Tax Act, 1961 was conducted on the assessee on 16.01.2013. During the course of search, cash of ₹ 18,50,000/- and jewellery of ₹ 2,45,20,300/- was found from the possession of the family of the assessee. The individual assessees of this family are Sh. Harman Singh Dhingra, Smt. Amrit Dhingra (mother of Sh. Harman Singh Dhingra) and Smt. Mala Dhingra (Wife of Sh. Harman Singh Dhingra). The jewellery was found as apportioned in the hands of the individuals by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Delhi) and CIT Vs. Kabul Chawla (2016) 380 ITR 573 (Delhi), the issue was decided in favour of the assessee therein. The Ld. AR further submitted that in cases where search and seizure took place though notice u/s 153A is issued but when no notice issued u/s 143(2) then the assessment is not valid as held in case of Chintels India Ltd. vs. DCIT 397 ITR 416 (Delhi). The Ld. AR further submitted that the reassessment u/s 147 will be invalid, if no notice u/s 143(2) was issued and will not be save even by Section 291BB, even if the assessee participates in the proceedings. The Revenue can avail Section 292BB only if notice u/s 143(2) was issued and not when admitted position is that no notice was issued as in the instant case. The Ld. AR rel ..... X X X X Extracts X X X X X X X X Extracts X X X X
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