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

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.

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