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2016 (6) TMI 1037 - GUJARAT HIGH COURT

2016 (6) TMI 1037 - GUJARAT HIGH COURT - TMI - Assessment order passed u/s 143(3) deemed to have been abated after initiation of section 153C proceeding - Held that:- We would have been inclined to consider such a question, but for the fact that we gather that the addition of ₹ 94.80 lacs made by the assessing officer under section 69 of the Act formed part of the larger addition of ₹ 1.57 crores made in the block assessment order. If both the orders are therefore, allowed to operate .....

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r consideration. [A] Whether the Appellate Tribunal is right in law and on facts in holding that the original assessment order passed u/s 143(3) is without jurisdiction by holding that the same is deemed to have been abated after initiation of section 153C proceeding ? [B] Whether the Appellate Tribunal is right in law and on facts in allowing the appeal of the assessee, by deleting the addition of ₹ 94,80,000/made u/s 69, without going into the merits of the matter? 2. Brief facts are tha .....

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n the assessment order under section 143(3), the Assessing Officer had made addition of ₹ 94.80 lacs under section 69 of the Act. Commissioner of Income Tax (Appeals) confirmed such addition. This order was carried before the Tribunal. Before the Tribunal, it was pointed out that in the block assessment proceedings, income of the assessee was computed at ₹ 1.57 Crores (rounded off). This order was not challenged by the assessee. 4. In view of such facts, the Tribunal held that when t .....

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