TMI Blog2014 (4) TMI 347X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 254(2) or the rectification proceedings before the tribunal – Decided against Revenue. Entitlement for set off of STCL against income u/s 153A of the Act – Held that:- There was no reference to the ground or aspect in any of the appeals by the assessee before the first appellate authority – thus, the subject matter of the Revenue’s grievance does not arise either out of the order/s by the first appellate authority or by the tribunal – Decided against Revenue. - MA Nos. 113, 114 & 115/Mum/2012 (Ar ising out of ITA Nos. 4240, 4242 & 4243/Mum/2010) - - - Dated:- 4-4-2014 - Shri Sanjay Arora, AM And Shri Vivek Varma, JM,JJ. For the Applicant : Shri R. K. Sahu For the Respondent : Mrs. Aarti Vissanji ORDER Pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applicable. A sec.153A assessment could not therefore be made at an income below that originally assessed, particularly with regard to a claim/s not made per the original return/s. 4.2 The tribunal has decided the appeals for the relevant years vide para 4 of its order, which reads as under: 4. Insofar as the other three years in this batch of appeals are concerned, the only distinguishing feature is that original assessments were not made u/s.143(3). While filing the returns in response to notice u/s.153A, the assessee in the same manner initially made the disallowance and through Notes to the computation of income, claimed deduction for the interest. The Assessing Officer did not allow such deduction for interest, which the learned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erm capital gain (loss) against other income per its return/s u/s.153A in-as-much as the same was not a subject matter of assessee s return/s u/s.139(1). 6. We have heard the parties and perused the material on record. We find no reference in the impugned order or a direction in its respect to that effect. The same, however, falls within the ambit of ground no. 1 for all the years, which reads as under: 1. On the facts and in the circumstances of the case and in law, the ld. CIT(A) erred in giving relief to the assessee on the income disclosed by him in the return of income filed u/s.153A ignoring the fact that the Assessing Officer has merely assessed the total income at the returned income. The ground/s being thus worded in gen ..... X X X X Extracts X X X X X X X X Extracts X X X X
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