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2016 (7) TMI 666 - ITAT AHMEDABADReopening of assessment - reasons to believe - difference between the sub-contract income shown by the assessee in its P&L Account and that reflected in the TDS certificates - Held that:- On perusing reasons for reopening of the assessment as noted in the assessment order, it is seen that reassessment was initiated on account of under assessment of income to the extent of ₹ 3,38,508/-, being the difference between the sub-contract income shown by the assessee in its P&L Account and that reflected in the TDS certificates submitted by the assessee. The aforesaid addition was made by the AO while framing assessment u/s.148 of the Act but the same were deleted by the ld.CIT(A) vide order dated 30/05/2007 as those receipts were duly declared by the assessee and further we find that the ld.CIT(A) has also noted that AO in the Remand Report dated 28/03/2012 and opined that the impugned suppressed receipts were declared by the assessee in the income-tax return. Also in the assessment order framed u/s.144 r.w.s.254 of the Act vide order dated 14/12/2010 in the second round of appeal also, no addition of suppressed receipts has been made by the AO. Thus, there is no addition of suppressed receipts of ₹ 3,38,508/- in the reassessment proceedings, meaning thereby that no addition was made on the ground which was the basis for reaching the conclusion of escapement of income in the reasons recorded for issuance of notice u/s.148 of the Act. We find that the Hon’ble Bombay High Court in the case of CIT vs Jet Airways (I) Ltd. reported at (2010 (4) TMI 431 - HIGH COURT OF BOMBAY ) on the issue as to whether addition on other grounds could be made when no addition has been made of the income, which was initially the basis of reopening has decided the issue in favour of assessee.
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