TMI Blog2020 (2) TMI 148X X X X Extracts X X X X X X X X Extracts X X X X ..... A) and quash the assessment framed by the AO u/s.144/153A of the Act dated 31.03.2015. Thus, the legal ground raised by the assessee is allowed. Non considering advance tax payment thereby raising Income Tax demand - HELD THAT:- We have also gone through the ITR Return of the assessee for the assessment year 2013-2014, copies of which have been filed in the paper book at pages 7 to 19 and found that at page No.7, in column 7(a) of the Acknowledgement, the assessee has paid Advance Tax of ₹ 33,33,333/-. We also found from the ITR-4 form in the Schedule IT the assessee has disclosed the advance tax of ₹ 33,33,333/-. However, the ld. AR before us submitted that the same has not been taken into consideration by the AO while computing the income of the assessee. We think it fit to restore this issue to the file of AO to consider the advance tax paid by the assessee after verifying and examining the documents filed by the assessee before us in the form of paper book - IT(SS)A No.47/CTK/2016 And ITA No.408/CTK/2019 - - - Dated:- 28-1-2020 - Shri C.M. Garg, JM And Shri L.P. Sahu, AM For the Assessee : Shri Manoj Patra, FCA F ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ho was running business of computer sales and services through his proprietorship concern M/s.S.S. Informatics. A search was conducted u/s.132 of I.T. Act, 1961 in the office premises and residential premises of Orisons Group of Companies on 11.04.2012. The assessee being one of the principal assesses of the group, search . seizure operation was also conducted in his residential premises. Accordingly, the A.O. issued notice u/s.153A of the Act on 12.06.2014. In response, the assessee filed the return on 02.02.2015 showing total income at ₹ 4,05,993/-. After filing of return of income, the A.O. issued notice u/s.143(2)/142(1) of the Act. When the assessee did not respond to the notices and no reply or document was filed against the queries raised, the A.O. issued show cause on 09.03.2015 intimating his intention to complete the assessment U/S.144/153A of the Act, but this time also, the assessee failed to appear or filed any reply. Therefore, the A.O. completed the assessment u/s.153A/144 of the Act assessing total income of the assessee at ₹ 25,87,400/- making addition on account of unexplained cash credit, bogus expenditure and disallowance of deduction under Chapter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Chandra Mallick ors., I.T.(SS) A Nos.86-91/CTK/2018, order dated 08.07.2019. iii) Orison Minerals Properties, IT(SS)A Nos.31 to 34/CTK/2017, order dated 17.05.2018; and iv) Midas Capital Pvt. Ltd., IT(SS)A Nos.04 05/CTK/2018, order dated 23.03.2018. 9. On the other hand, ld. DR relied on the orders of lower authorities and submitted that during the course of search and seizure operation at the residential premises of the assessee, incriminating documents, books of account etc. were found and seized, on the basis of which the AO has rightly proceeded to make the additions. It was also contended by ld. DR the assessee did not bother to respond the notice issued u/s.153A(1)(a) of the Act by the AO, even the assessee did not file any corroborative evidence to substantiate his claim during the course of assessment proceedings. Therefore, the AO has left with no option but to pass ex-parte order to the best of judgment u/s.144 of the Act. Accordingly, the ld.DR submitted that in no way the assessee deserves any relief and prayed for dismissal of all the appeals of the assessee by upholding the assessment framed by the AO. 10. Af ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act on 11.4.2012. For the assessment years under appeal, the original returns of income filed by the assessee in respective assessment years are tabulated as under: Asst. Year Date of filing of Return u/s.139 Returned income Due dt. Of notice u/s.143(2) 2007-2008 1.11.2007 ₹ 4,75,840 30.9.2008 2008-2009 5.11.2008 ₹ 20,98,558 30.9.2009 2009-2010 30.9.2009 Nil 30.9.2010 2010-2011 15.10.2010 ₹ 27,42,080 30.9.2011 9. Thus, it is observed that the assessment proceedings for the assessment years under appeal was abate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nating material was found during the course of search, which could have been utilized for making assessment u/s.144/153A of the Act. Ld.DR could not controvert the above facts by brining any cogent material on record. It is also a fact that return was filed u/s.139(1) of the Act on 05.11.2008 and the due date of issue of notice u/s.143(2) is 30.09.2009 for A.Y.2008-2009. However, the search was conducted in case of the assessee on 11.04.2012 and the AO framed the assessment u/s.144/153A of the Act on 31.03.2015, therefore, it is clear that the assessment framed by the AO was abated in pursuance to the search. Accordingly, we set aside the impugned order passed by the CIT(A) and quash the assessment framed by the AO u/s.144/153A of the Act dated 31.03.2015. Thus, the legal ground raised by the assessee is allowed. 12. Resultantly, the appeal of the assessee in IT(SS)A No.47/CTK/2016 is allowed on the legal ground only. 13. Now, we shall take up the appeal of the assessee in ITA No.408/CTK/2019, wherein the sole issue agitated by the assessee is that the AO while passing the appeal effect for A.Y.2013-2014 has not considered the advance tax payment of ₹ 33,33,333 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
