Law:

Section:

Section 153A of the Income-tax Act, 1961 - Assessment in case of search or requisition - Assessment year 2004-05 - For assessment year 2004-05, assessee filed his income-tax return along with profit and loss account - While assessment proceedings in respect thereof were pending, on 24-8-2006, various search and seizure operations were carried out at offices and residence of assessee - Thereupon, respondent No. 3 issued notice under section 142(1) to assessee asking him to file his income-tax returns for assessment year 2004-05 and passed assessment order - Assessee‘s case was that no notice under section 153A was issued to him asking him to file his income-tax return for six assessment years as contemplated in said section and further that assessment proceeding for assessment year 2004-05, which was pending on date of initiation of search and seizure under section 132, had already abated in view of second proviso of section 153A - Assessee, thus contended that continuation of assessment proceeding after initiation of search without giving any notice under section 153A and passing impugned final order of assessment was illegal, arbitrary and wholly without jurisdiction - Whether assessee‘s case was to be accepted - Held, yes Circulars and clarifications : Circular No. 7 of 2003, dated 5-9-2003 FACTS For the assessment year 2004-05, the assessee filed his income-tax return along with the profit and loss account. While the assessment proceedings in respect thereof were pending, on 24-8-2006, various search and seizure operations were carried out at the offices and residence of the assessee. Thereupon, respondent No. 3 issued notice under section 142(1) to the assessee asking him to file his income-tax return for the assessment year 2004-05. The assessee appeared before respondent No. 3 and drew his attention to the fact that he had already filed his return for the assessment year 2004-05 accompanied with all the documents of profit and loss account. The assessee filed writ praying for quashing the notice. In writ the assessee pleaded that in spite of pendency of the writ petition, the respondent proceeded with the assessment proceeding and passed final order of…

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