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Whether on the facts and in the circumstances of thecase, the Ld. CIT(A) erred in adjudicating only on the specific issue of the jurisdiction in framing the assessment order on the date when the assessee M/s. R. R Gold Palace(Firm) was not in existence, even though, the Ld.CIT(A) has accepted the justification of the AO that thesearchaction u/ s.132 against the assessee firm before it dissolution is valid, since it was carrying on business in the very same premises, and the Ld.CIT(A) has not adjudicated on the said issue?

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Sec. 153A of Income Tax Act, 1961— Assessment — Although the assessee has filed return in response to notice issued u/s 153A but such return has been filed under protest in order to comply with statutory provisions of the Act, therefore, we are of the considered view that the firm was not in existence and was ceased to exist on the date of search and mere holding a PAN does not alter the legal position that the firm was not in existence and accordingly, the assessment framed u/s 143(3) r.w.s. 153A is void and ab initio and the CIT(A) after considering the relevant facts has rightly quashed assessment order passed by the A.O. as null and void - DEPUTY CIT V/s R.R. GOLD PALACE - [2020] 28 ITCD Online 057 (ITAT-BANGALORE)

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