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2020 (1) TMI 994 - AT - Income TaxReopening of assessment u/s 147 - underreporting of the rental receipts by the assessee - assessee had understated his rental receipts as against those reflected in his TDS statement for the year under consideration - HELD THAT:- As had been observed A.O while framing the assessment had not made any addition in respect of the aforesaid issue which had formed the very basis for reopening the case of the assessee. Rather, the additions/disallowances made by the A.O in respect of the income shown by the assessee under the head ‘house property’ are absolutely on a different footing as had been culled out by us hereinabove. Accordingly, as the A.O while framing the assessment u/s 143(3) r.w.s 147 had not made any addition as regards the underreporting of the rental receipts at ₹ 99,34,023/- by the assessee in his return of income, as against that reflected in his TDS statement at ₹ 1,35,32,274/-, therefore, in the absence of any addition in respect of the issue on the basis of which the case of the assessee was reopened, the assessment framed by the A.O under Sec. 143(3) r.w.s 147, dated 30.06.2014 cannot be sustained. Accordingly, in the absence of any valid assumption of jurisdiction by the A.O under Sec. 147 of the Act, the assessment framed by him under Sec. 143(3) r.w.s 147, dated 30.06.2014 cannot hold the ground and is liable to be quashed. On the basis of our aforesaid deliberations, we herein quash the assessment framed by the A.O under Sec. 143(3) r.w.s 147, dated 30.06.2014 for want of jurisdiction. As we have quashed the assessment order passed under Sec. 143(3) r.w.s 147, dated 30.06.2014, for the reason, that the A.O had exceeded his jurisdiction, therefore, we refrain from adverting to and therein adjudicating upon the other contentions advanced by the ld. A.R, which thus are left open.
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