| Question And Answer | |
|---|---|
| Subject: | Section 153 post search assessment |
| Category: | Income-Tax |
| Querist: | SURENDRA MEHTA, ADvocate, Jodhpur |
| Answered by: | Research Team |
| Tags: | post serach assessment, search assessment, validity |
| Date: | December 24, 2023 |
Search was condected in June ,2018.Assessment framed u/s 153 for the A.Y. 2013-14 to 2018-19 and 143(3) for the A.Y.2019-20. In first appeal CIT(A) has given some relief. Assessee filed appeal before the ITAT for the A.Y. 2019-20,2018-19 and 2017-18. The Hon’ble Tribunal declared the search as illegal and unjusified.
What will be position for A.Y. 2013-14, 2014-15, 2015-16 and 2017-18. In these Assessment Years assessee has not filed appeal to the ITAT. Whether these assessments u/s 153A will be treated as quashed. Kindly clear the legal position.
The assessment framed cannot be treated as illegal unless the said orders are quashed by the higher authorities . The assesee may file an application under section 264 of the Act , to quash the assessment proceedings based on the order of the Tribunal. If application under section 264 is rejected the assessee can writ before the High Court .