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| The Tax Publishers2020 TaxPub(DT) 0179 (Del-Trib) INCOME TAX ACT, 1961
Section 153C
Notice under section 153A in case of searched person was dated 6-1-2009 whereas in the case of other person, i.e., assessee, notice under section 153C was issued on 27-11-2008 right after the receipt of the satisfaction note dated 27-11-2008. Thus, admittedly and undisputedly satisfaction note in case of assessee was prepared prior to issuance of notice to searhed person and accordingly, section 153C assessment becames null and void because assumption of jurisdiction under section 153C was defective.
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Search and seizure - Assessment under section 153C - Validity - Issuance of notice under section 153C preceded issuance of notice under section 153A
AO based on search conducted in case of third party, framed assessment under section 153C in assessee's case. Assessee challenged validity thereof on the ground that issuance of notice under section 153C preceded issuance of section 153A notice in case of searched party. Held: Notice under section 153A in case of searched person was dated 6-1-2009, whereas in the case of other person, i.e., assessee notice under section 153C was issued on 27-11-2008 right after the receipt of the satisfaction noted dated 27-11-2008. Thus, admittedly and undisputedly satisfaction note in case of assessee was prepared prior to issuance of notice to seared person and accordingly, section 153C assessment becames null and void because assumption of jurisdiction under section 153C was defective.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2007-08
INCOME TAX ACT, 1961
Section 143(3)
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