Rs. 20 Lakhs in old currency was seized by the ITO during municipal elections. Scrutiny notice u/s 143(2) was issued for assessment. After assessment, the order passed was called for revision by the PCIT u/s 263. The assessee contended that when a requisition has been made under s.132A of the Act, the jurisdiction to complete the assessment is governed by the provisions of Section 153A of the Act. The normal provisions of assessment under s.143(3) of the Act would not apply in the case where action has been taken either under s.132 of the Act or under s.132A of the Act.

The Tribunal held that  the order which is a nullity in law and has no legal effect, cannot be revised under s.263 of the Act. The assessment order being infructuous in law, the consequential action under s.263 of the Act is equally infructuous. The assessment, in the instant case, has not been framed under s.153A of the Act despite requisition under s.132A of the Act. The error committed by the AO in contravention of express provisions of Act is incurable and has rendered the assessment void ab initio and a nullity in law. Such an assessment order being devoid of any legal effect could not be revised. The revisional order is accordingly quashed and set aside. (AY. 2017-18)