TaxTMI 
TaxTMI 
2021 (10) TMI 872
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....dated 28.12.2019 under s. 143(3) of the Act concerning AY 2017-18 was sought to be set aside for reframing assessment in terms of supervisory directions. 2. As per the grounds of appeal, the assessee has sought to challenge the jurisdiction assumed by the PCIT under s. 263 of the Act and as a corollary, sought to impugn the revisional order passed by the PCIT under s. 263 of the Act. 3. Briefly stated in the assessee's case, in the wake of the Municipal Elections in the various parts of Vidarbha, the District Administration of various districts had formed Static Surveillance Teams (SST) as well as Flying Squads to check the movement of cash, liquor etc. The assistance of the IT Department was also sought by the state Election Comm....
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....under s. 143(2) of the Act dated 11.09.2018. The assessment was eventually carried out under s. 143(3) of the Act vide order dated 28.12.2019. 5. After the completion of the assessment, in exercise of power vested under s. 263 of the Act, the case records of the assessment so made were called by the Revisional Commissioner, Raipur (PCIT). The PCIT observed that impugned assessment order is erroneous in so far as it is prejudicial to the interest of the Revenue. A show cause notice was issued to the assessee seeking to tax the surrender of Rs. 20 Lakhs @ provided under s. 115BBE of the Act. The revisional order was consequently passed whereby the AO was directed to make adequate enquiries for issues raised in the revisional order. 6. A....
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.... was issued and no assessment was carried out under s. 153A of the Act, which was incumbent upon the AO having invoked Section 132A of the Act. It was, thus, pointed out that the assessment framed under s. 143(3) of the Act is bad in law and null and void in so far as it is without jurisdiction of the AO. Consequently, invocation of Section 263 of the Act to improvise such non est order is also an act of nullity. The learned counsel, thus, submitted that the revisional order under s. 263 of the Act is required to be quashed on the ground alone. It was secondly contended that without prejudice to the first plea, the assessment under s. 153A of the Act is required to be completed within 2 years from the end of the financial year in which the ....
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....e where action has been taken either under s. 132 of the Act or under s. 132A of the Act. The assessment, however, has been wrongly framed with the aid of Section 143(3) under the normal provisions of the Act. The assessee, thus, contends that the assessment made under s. 143(3) of the Act in pursuance of requisition under s. 132A of the Act is grossly opposed to the very scheme of the Act and such assessment is wholly unsustainable in law. The assessee contends that an ab initio void order cannot be subject to revision under s. 263 of the Act. To support the plea, a reference was made to the decision in CIT vs. Kalyan Solvent Extraction Ltd. (2005) 276 ITR 154 (MP) and M/s. Supersonic Technologies Pvt. Ltd. vs. PCIT ITA No. 2269/Del/2017 o....