Case Law Details
Abhimanyu Chaturvedi Vs DCIT (ITAT Delhi)
ITAT Delhi held that for the purpose of Section 153A/143(3) of the Income Tax Act, the assessment can be said to be ‘made’ only when the DIN is quoted on the order before it is signed. Order passed u/s 153A without first generating the DIN is invalid and bad-in-law.
Facts- The appellants are family members whose LTCG arising on the sale of certain shares which were purchased simultaneously by each assessee in the same company and have been added back to the income of each assessee vide separate assessment orders passed under Section 153A read with Section 143 (3) of the Income Tax Act and which stands confirmed by Ld CIT(A).
The appellants were issued a notice u/s. 153 A of the Act and the appellants filed their return of income wherein the same income which was initially offered to tax was declared in the returns.
It is claimed that no incriminating material whatsoever was found at the premises of the Assessees. It is further claimed that the Assessment proceedings against the Assessees, as per the provisions of Section 153A of the Act were to become time barred on 30.09.2021. However, as the Assessees did not receive the assessment order till 30.9.2021, so the assessee sought a copy of the order vide letter dated 13.10.2021. It is submitted that they were supplied with a copy of the Assessment Order which was dated 09.08.202. It was running into 250 pages and did not bear any DIN number and the said orders were received by the assessees only 16.10.2021.
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