Section 153C instead of section 153A is Void ab Initio

S.P.S. Ahluwalia Vs ACIT (ITAT Delhi) The issue under consideration is whether the issue of notice u/s 153C instead of section 153A is considered as valid assessment or not? ITAT states that, the premises of the assessee were searched on 16.12.2003. Consequent thereto, the requirement of law is that in case the premises of the persons have been searched, then the proceedings to be initiated are by way of issue of notice under section 153A of the Act. The AO in such facts and circumstances has to issue, the aforesaid notice under section 153A of the Act and requisition the assessee to furnish t...