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2016 (7) TMI 821 - ITAT DELHI

2016 (7) TMI 821 - ITAT DELHI - TMI - Validity of initiation of re-assessment proceedings - rectification of mistake - professional/technical charges - Held that:- Proceedings u/s 154 were initiated by means of notice dated 23.2.2011. The assessee furnished reply to this notice. As against these proceedings u/s 154, taking place in the year 2011, the AO initiated the instant re-assessment proceedings in the year 2013. The ld. DR was required to intimate the status of section 154 proceedings on t .....

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ereafter, completed the assessment by means of order u/s 143(3) read with section 147. This manifests that during the continuation of the proceedings u/s 154, the AO embarked upon the same issue by means of a separate re-assessment proceedings without concluding the earlier proceedings initiated u/s 154. It goes without saying that initiation of two parallel proceedings on a similar subject matter, cannot sustain. If first proceedings have been validly initiated, then such proceedings must come .....

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ed on the same subject matter. This manifests that the proceedings u/s 147 cannot stand during the continuation of proceedings u/s 154. Ex consequenti, the initiation of re-assessment by means of notice u/s 148 and the proceedings flowing therefrom are hereby set aside. The AO is fully empowered to give a logical conclusion to the proceedings u/s 154 as per law. - ITA No.181/Del/2016 - Dated:- 24-6-2016 - SHRI R.S. SYAL, ACCOUNTANT MEMBER For The Assessee : Shri Gautam Jain, Advocate For The Dep .....

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led on 31.10.2006, which was processed u/s 143(1) of the Income-tax Act, 1961 (hereinafter also called the Act ). Assessment order u/s 143(3) of the Act was passed on 26.3.2008 determining total income at ₹ 8,56,753/-. The AO reopened the assessment by noticing that the assessee claimed credit for TDS against the current year s income on receipts of ₹ 4,47,600/-, which were not offered for taxation. Assessment was completed u/s 147/143(3), making total addition of ₹ 2,37,500/-. .....

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ant material available on record. Page 30 of the paper book is a copy of letter dated 29.10.2013 issued by the AO to the assessee intimating the reasons for reopening of assessment, which are as under:- The assessment u/s 143(3) of the Income Tax Act, 1961 was completed on 26.03.2008 at an income of ₹ 8,65,753/-. On further examination of records reveals that the assessee had received professional/technical charges amounting to ₹ 4,47,600/- from various parties which have not been cr .....

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either at the time of filing return of income nor at any time of assessment proceeding have furnished the above information and thus failed to disclose fully & truly all material facts. 5. It is noticed that the AO earlier issued notice u/s 154 dated 23.2.2011, a copy of which is available at page 25 of the paper book, indicating the mistake in the assessment order, which reads as under:- The CAG audit noticed that as per TDS certificates and bifurcation of the total professional receipts fi .....

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tion 18,500/- Total 4,47,600/- 6. When I peruse the copy of notice u/s 154 along with the reasons for reopening of assessment, it turns out that the subject matter of both the notices is similar, namely, receipts of ₹ 4,47,600/-, which in the opinion of the AO escaped taxation. Proceedings u/s 154 were initiated by means of notice dated 23.2.2011. The assessee furnished reply to this notice, a copy of which has been placed on page 27 of the paper book. As against these proceedings u/s 154, .....

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