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2018 (2) TMI 965 - AT - Income TaxAssessment proceedings u/s. 153C - disallowance of the claims of expenditure u/s. 37 (1) - principles of res judicata OR consistency - Held that:- We find that the documents do not disclose any undisclosed income on part of the assessee for any of the above AY's . The AO had disallowed business losses and that clearly prove that seized documents were of no relevance for the AO to make the disallowance. We allow the additional grounds raised by the assessee for all the three AY. s and decide the same in its favour. Thus, the assessment orders passed by the AO. s fail on the touch-stone of jurisdictional validity for AY. 2008-09, 2010-11 and 2011-12. The cases relied upon by the assessee, before us, also support the views taken by us. Therefore, we hold that the orders passed by the AO. s and confirmed by the FAA are not valid either on jurisdictional question or on merits. So, revering the orders of the FAA, we allow the appeals filed by the assessee-company. The Hon’ble Bombay High Court in the case of Gopal Purohit (2010 (1) TMI 7 - BOMBAY HIGH COURT) has held that that there should be uniformity in treatment and when facts and circumstances for different years were identical particularly in the case of the same assessee. While upholding the principles of res judicata the FAA has not demonstrated as to how the facts of AY. 2009-10 were different from the facts of other three AY's. especially of AY. 2008-09. This one more reason to reverse the order of the FAA. - Decided in favour of assessee.
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