In the result, the appeal is partly allowed

Bench: Shri N.R.S. Ganesan & Shri Sanjay Arora

153D, for an assessment u/s. 153A r/w s.153C, stands taken. The complete absence of the pre-requisites for initiating proceedings u/s. 153A(1) in case of a person other than the person searched would only imply that the assessment made is a regular assessment u/s. 143(3). The mere describing of the assessment as an assessment ‘u/s.153C/143(3)’, i.e., instead