2021 (7) TMI 155

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..... 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 Officer had not recorded reasons before issuing Sec....

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....ucial 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 on merits are rendered infructuous. This former asse....