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Assessment Quashed for Missing Mandatory Section 153C Notice
Case Law Details
- Case Name
- White Orchid Hospitality Private Limited Vs DCIT (ITAT Delhi)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2021-22
- Courts
- All ITAT, ITAT Delhi
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White Orchid Hospitality Private Limited Vs DCIT (ITAT Delhi)
No 153C Notice, No Jurisdiction: ITAT Quashes Search Assessment Based on ‘Dumb’ Agreement to Sell
The Delhi Bench of the Income Tax Appellate Tribunal quashed the assessment for AY 2021-22 framed in the case of White Orchid Hospitality (P) Ltd., holding that the proceedings were void ab initio for complete lack of jurisdiction due to non-issuance of a mandatory notice under section 153C.
The Tribunal noted that although a search under section 132 was conducted in October 2020 in a third party’s case, the assessee-company was m...






