AI Structured Summary
Not yet generated for this judgment
Judgment
Per Satbeer Singh Godara, Judicial Member:
This assessee’s appeal ITA No. 6256/Del/2025 along with his stay petition SA No. 550 /Del/2025 for Assessment Year 2017-18, arise against the CIT(A)-3, Gurgaon’s in case No. 10345/CIT(A)-3/GGN/2019-20 dated 19.09.2025, in proceedings u/s 143(3) of the Income Tax Act, 1961 (in short “the Act”).
Heard both the parties at length. Case file perused.
We advert to the assessee’s main case/appeal ITA No. 6256/Del/2025 itself for the sake of completeness of proceedings. A perusal of the case file indicates that there arises the first and foremost issue of validity of the impugned section 143(3 ) assessment itse lf dated 26.12.20 19 framed by the learned DCIT, Central Circle, Karnal for the following reasons.
There is hardly any dispute between the parties that this assessee/appe llant is a company carrying out manufacturing and selling co smetics and bullion trading etc. It had file d it’s retur n of income of Rs.28,85,32,830/- on 14.10.2017. The same was taken up for scrutiny and sectio n 143(2) notice dated 10.08.2018 stood served to the assessee. There is further no quarrel between the parties that the learned departmental authorities had thereafter executed section 143(2) search action dated 22.03.2019 i.e. during the pendency of scrutiny in it’s case which fo llowed the impugned assessment framed by the Assessing Officer on 26.12.2019. Leaned counsel has further invite d the tribunal’s attention to page 6 in the assessee’s paper book that section 153A notice stood issued to the company on 03.12.2020.
The Revenue is indeed very fair in not disputing all these inter vening developme nts. We accordingly are of the considered view that once the search action dated 22.03.2019 had taken place in the assessee’s case, all other proceedings including any assessment or re-assessment, as the case may be, ought to s t have treated as “abate d” in light of section 153A(1) 1 proviso which is in the nature of a non-obstante clause. We further deem it appropriate to observe here for the sake of n d completeness that section 153A(1) 2 pro viso treats all the assessment or re-assessment proceedings relevant to any assessment year following perio d of six years; abated as o n the date of “initiation of the sear ch” than that of consequential notice to be issued thereunder. We thus find force in the assessee’s instant first and foremost legal ground/argument challenging validity of the impugned assessment framed by the learned Asse ssing Officer dated 20.12.2019 which stands quashed in very terms.
All other pleadings between the parties stand rendered academic.
This asse ssee’s appeal in ITA No. 6256/Del/2025 is allowed in and it’s Stay Application SA No. 550/De l/2025 stands dismissed as rendered infructuo us. A copy of this common order be placed in the respective case files.