M/S. ASIAN FAB TEC LTD,BENGALURU vs. INCOME TAX OFFICER, WARD-1(1)(1), BENGALURU

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ITA 2769/BANG/2017Status: DisposedITAT Bangalore21 February 2019AY 2013-141 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the original assessment proceedings abated as they were pending on the date of the search initiation. Consequently, the assessment orders passed were considered non-est in the eyes of law.

What were the facts?

The Assessing Officer (AO) passed an assessment order under section 153A read with section 143(3) and 153D of the Act. The assessee contended that the original assessment proceedings under section 143(3) had abated.

What were the issues?

Whether original assessment proceedings abate when search proceedings under section 153A are initiated while the former are pending.

Which sections of the Income-tax Act were involved?

Section 153A,Section 143(3),Section 153D,Section 132

AI-generated summary — verify with the full judgment below

Page 6 of 6 AO and the learned AR has mentioned that the AO has passed assessment order u/s 153A r.w.s. 143(3) r.w. 153D of the Act on 29/12/2017 with similar addition as in original assessment u/s 143(3) of the Act. We, on applying the provisions of section 153A to the case on hand, are of the substantive opinion that prima facie the proceedings are pending on date of initiation of search u/s 132 of the Act and therefore, the original assessment proceedings shall merge with the proceedings u/s 153A of the Act. Therefore, the assessment u/s 143(3) of the Act are abated and we, accordingly, set aside the orders of the CIT(A) and the AO as the same are non-est in the eyes of law.

7.

In the result, the assessee’s appeal is allowed.

Order pronounced in the open court on th February, 2019.

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