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The Tax PublishersITA No 250/Chny/2020
2022 TaxPub(DT) 7570 (Chen-Trib)INCOME TAX ACT, 1961
Section 153C
Assessment year under consideration pertained to the year of search and thus, question of issuance of notice under section 153C did not arise and once there was no notice under section 153C, the assessment framed under section 143(3) read with section 153C was void and ab initio.
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Search and seizure - Assessment under section 153C - Invocation of jurisdiction for the year of search -
AO, pursuant to search conducted in case of VVD on 17-11-2015, invoked jurisdiction under section 153C over assessee's case for assessment year 2016-17. Assessee contended that assessment year under consideration pertained to the year of search and thus, question of issuance of notice under section 153C did not arise. Held: Search was conducted on 17-11-2015 and six assessment years preceding to the year of search were assessment years 2010-11 to 2015-16. Therefore, AO could frame assessment under section 153A/153C up to assessment year 2015-16. The concerned, asssessment i.e., assessment year 2016-17 was the year of search. Therefore, question of issuing notice under section 153C did not arise and once there was no notice under section 153C, the assessment framed under section 143(3) read with section 153C was void and ab initio.
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2016-17
IN THE ITAT, CHENNAI BENCH
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