2021 (7) TMI 155

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....eard both the parties. Case files perused. 2. It transpires at the outset that these assessees' instant appeals suffer from 73 days delay stated to be attributable to the reason(s) beyond their control as per condonation petition(s)/affidavit(s). No rebuttal has come from the departmental side. The impugned delay is condoned therefore. 3. We come to former assessee's appeal ITA No. 1093/Hyd/2015 seeking to reverse both the lower authorities' action initiating Section 153C proceedings followed by un-explained investment addition of Rs. 16 lakhs made in the course of assessment dt. 22-03-2013 as upheld in the CIT(A)'s order. This assessee has also filed petition seeking to raise an additional ground that the Assessing Of....

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....ice on 13-01-2012 only. Meaning thereby that the crucial date herein i.e., 13-01-2012 witnessed the Assessing Officer's twin folded action initiating both the 153A as well as 153C proceedings culminating in the impugned assessment u/s. 153C of the Act. We hold in this clinching factual backdrop that the impugned assessment suffers from a patent legal defect at the threshold itself since the Assessing Officer ought to have initiated the same u/s. 153A in case of the searched assessee than a third party. We thus adopt stricter construction going by hon'ble apex court's full bench decision Commissioner of Customs Vs. Dilip Kumar (2018) 9 SCC 1 (SC) and quash the impugned assessment itself as 'invalid'. All other pleadings o....