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2017 (1) TMI 444 - ITAT MUMBAI

2017 (1) TMI 444 - ITAT MUMBAI - TMI - Validity of assessment order passed u/s 143(3) r.w.s 153A - addition to income u/s 14A - Held that:- AO cannot dispute and disturb already completed and finalized assessment by making additions which have no connections or relevance with the seized material. In the present case before us we find that there was no materials found during search by search party with respect to addition made by the AO. - The assessment in the present year was complete and f .....

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by the assessee challenging the order dated 23.12.2013 passed by the ld.CIT(A)-1, Mumbai for the assessment year 2008-09. 2. The issue raised in the ground No.1 by the assessee is in respect of jurisdiction of AO to make addition while framing assessment under section 143(3) read with section 153A of the Income Tax Act, 1961 which was not raised before the First Appellate Authority and is being raised before this Tribunal for the first time. 3. The ld. AR at the outset, submitted before us that .....

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ing the ground No.1 raised by the assessee which is reproduced below: 1. On the facts and in the circumstances of the case and in law, the assessment order passed under section 143(3) read with section 153A of the IT Act is invalid and bad in law 5. After hearing both the sides and going through the record placed before us, we find that the issue raised by the assessee is purely of legal nature which is concerning the jurisdiction of the AO to make addition while framing assessment under section .....

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inclined to admit the legal issue raised by the assessee. 6. Brief facts of the case are that the return of income was filed by the assessee on 12.2.2009 u/s 139(1) declaring a total income of ₹ 1,54,090/-. A search was conducted on 18.2.2010 on the assessee under section 132 of the Act. Thereafter, a notice under section 153A was issued on 29.10.2010 calling upon the assessee to file return of income which was served upon the assessee on 4.11.2010. The assessee complied with the notice by .....

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re, the return filed by the assessee had attained finality. In other words, the ld. AR submitted that the assessment had attained finality on the date of search and therefore any addition could be made in case of assessment which had attained finality only with regard and reference to the seized incriminating documentary material during search. The ld. AR submitted that in the case of assessee no incriminating material was seized and the only addition made by the AO in the order passed under sec .....

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tant year had attained finality the addition made by the AO was without jurisdiction in terms of provisions of section 153A of the Act and required to be deleted. The ld. AR in defence of his arguments relied on the decision of the Hon ble Jurisdictinal High Court in the case of CIT V/s Gurinder Singh Bawa (2016) 386 ITR 483(Bom). 8. The ld. DR on the other hand, relied on the orders of authorities below. 9. We have heard the rival contentions and perused the material on record including the ord .....

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date of search or abated in terms of provision of section 153A of the Act. According to the said provisions the AO shall make the assessment in respect of six preceding years prior to the financial year during which the search is conducted. It is further provided in the said section that the assessment which are pending on the date of search shall abate, the AO has same powers to make assessment as he has powers under section 143(3) of the Act and each and every issue is open to be examined by t .....

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