2025 (1) TMI 1578

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....he Income-tax Act, 1961 (hereinafter referred to as 'the Act') dated 30.12.2022 by the Assessing Officer, DCIT, Central Circle-31, New Delhi (hereinafter referred to as 'ld. AO'). 2. The assessee vide Ground Nos. 2 &3 had specifically raised the grounds that assessment in the instant case for the instant year had been wrongly made under section 143(3) of the Act instead of section 153C of the Act. Since this is a preliminary legal ground, we deem it fit to address the same first. 3. We have heard the rival submissions and perused the materials available on record. For the assessment year 2021-22, the assessee had filed his return of income showing income under the head 'income from salary', 'income from house property', 'income from c....

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....ng officer of the searched person)] recorded a satisfaction note on 23-08-2022 that the said information contained in the mobile phone represent seized document belonging to Ashok Kumar Jain and accordingly handed over the said seized document to the assessing officer of the assessee herein to take action under Section 153C of the Act. This satisfaction note is recorded in pages 43 to 44 of the paper book. Later, the assessing officer of the assessee who is same as the assessing officer of the searched person recorded a separate satisfaction note on 25- 11-2022 for initiating proceedings against the assessee under Section 153C read with Section 153A of the Act for assessment years 2015-16 to 2021-22. This satisfaction note is enclosed in Pa....

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....m this date. The submission made by Ld AR is tenable that the assessment year relevant for previous year in which search was conducted in the case of the assessee will be AY 2023-24 and six years immediately preceding the assessment year relevant for u/s 153C of the Act will be AY 2018-19 to 2022-23. The assessment for AY 2021-22 should have been carried out by issuing notice u/s 153C of the Act and not u/s 143(2) of the Act. Therefore the assessment order dated 29-12-22 passed u/s 143(3) of the Act is bad in law and liable to be quashed and quashed accordingly. The additional grounds filed by the assessee are allowed. " b) Decision of Delhi Tribunal in the case of Mukul Rani Thakur vs DCIT Central Circle 31, New Delhi in ITA No. 1483/De....