2025 (4) TMI 1943

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.... hence, the appeals were heard together and are being consolidated and disposed of by this common order. 3. The facts are discussed with reference to ITA No.2636/Del/2024, for Assessment Year 2014-15 as lead case. 4. The brief facts leading to the issue is that a search and seizure operation was conducted u/s 132 of the Act on 19.02.2020 on Dev Wines Group of cases. Thereafter, a notice u/s 153A dated 14.07.2021 was issued and served upon the assessee directing him to file the return of income for respective these assessment years immediately preceding to the assessment year relevant to the previous year in which search was conducted. The assessee duly filed his return of income in compliance with the notice u/s 153A of the Act. Reass....

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....09.2021 u/s 153A of the Act passed by the ld. Assessing Officer with a direction upon him to pass a fresh order in the light of the observation made therein. 5. The assessee joins the issue here to this effect that once the order u/s 153A of the Act was issued upon obtaining approval u/s 153D of the Act accepting the return of income filed by the assessee in search matter, invocation of section 263 by the ld. PCIT on the same search matter without making any reference to any incriminating document is not sustainable in the eyes of law and therefore liable to be quashed. In fact, such order u/s 263 of the Act issued by the ld. PCIT exceeded his jurisdiction in respect of the impugned assessment order framed u/s 153A r.w.s 153D of the Act.....