2022 (8) TMI 849

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....ound no.2, assessee has raised a legal issue, challenging the validity of the assessment order passed under Section 153A read with section 143(3) of the Income-Tax Act, 1961 on the ground that the notice under Section 143(3) of the Act was not issued and served within the statutory time limit. 4. Briefly, the facts are, assessee is a resident company. A search and seizure operation under Section 132A of the Act was conducted on 16.01.2013 in case of Harman Singh Dhingra group of cases. Based on the information received in course of search and seizure operation, assessment proceedings, purportedly, under Section 153A read with section 143(3) of the Act was initiated against the assessee. Ultimately, the assessing officer completed the ass....

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....ue arising in case of an assessee covered under the very same search and seizure operation, the Tribunal has quashed the assessment order, since, the notice under Section 143(2) of the Act was issued after expiry of six months from the end of the relevant financial year, wherein, the assessee had filed the return of income. In this context, he referred to the decision of the co-ordinate Bench in case of Harnam Singh Dhingra Vs. ACIT ( ITA No.464/Del/2016) dated 24.09.2021. 7. Learned Departmental Representative submitted, the assessing officer has issued notice under Section 143(2) of the Act in proper time. Therefore, assessee's contention should be rejected. 8. We have heard the parties and perused the materials available on record.....

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.... on 30.09.2013 under Acknowledgement No. 807931791300913. 3. That for AY 2013-14, no notice u/s. 143(2) was received on behalf of Uttam Enterprises Pvt. Ltd. up to the statutory time limit of 30th September 2014. 4. That the only notice u/s 143(2) was issued by ACIT CC-8 New Delhi on 13th October 2014." 12. The averments made in the affidavit, clearly reveal that assessee had filed its return of income under Section 139(1) on 13.09.2013. Thus, as per proviso to Section 143(2) of the Act, as it existed prior to its amendment by Finance Act, 2016 w.e.f. 01.06.2016, no notice under Section 143(2) of the Act shall be served on the assessee after the expiry of six months from the end of the financial year in which the return....