Case Law Details
BNB Investment & Properties Ltd. Vs DCIT (ITAT Delhi)
A.O. should have framed the assessment under section 153C of the I.T. Act in the case of the assessee and at the time of initiating the proceeding against the assessee, should have issued notice under section 153C of the I.T. Act which have not been done in this case. The issue of notice under section 153C is mandatory and a condition precedent for taking action against the assessee under section 153C of the I.T. Act. The assessment order, therefore, vitiate, void, illegal and bad in law and cannot be sustained.
FULL TEXT OF THE ITAT JUDGMENT
Both the appeals by different assessees are directed against the different orders of the Ld. CIT(A)-3, Gurgaon, dated 09th December, 2014, for the A.Y. 2012-2013.
1.1. Both the parties mainly argued in ITA.No.504/Del./2015 in the case of M/s. BNB Investments & Properties Ltd., and submitted that the issue is same in the remaining appeal.
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