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of <h1>Tribunal affirms CIT(A) decision on fresh assessment under section 153A, allowing new deductions.</h1> <h3>The Dy. Commissioner of Income-tax Central Circle 6 Mumbai. Versus M/s. Eversmile Construction Co. Pvt. Ltd.</h3> The Dy. Commissioner of Income-tax Central Circle 6 Mumbai. Versus M/s. Eversmile Construction Co. Pvt. Ltd. - [2012] 143 TTJ 322 Issues Involved:1. Relief granted by CIT(A) on income disclosed in the return filed under section 153A.2. Determination of total income lower than the returned income without filing a revised return within the prescribed time.Detailed Analysis:Issue 1: Relief granted by CIT(A) on income disclosed in the return filed under section 153AThe Revenue contended that the CIT(A) erred by granting relief to the assessee on the income disclosed in the return filed under section 153A, arguing that the Assessing Officer (AO) merely assessed the total income at the returned income. The assessee initially filed its return under section 139(1) declaring a loss, which was later subjected to scrutiny assessment. During the assessment proceedings under section 153A, the assessee voluntarily disallowed the interest previously disallowed in the original assessment but reserved the right to contest the allowability of the entire interest during the assessment proceedings.The CIT(A) required the assessee to establish the nexus between the borrowed funds and the business activities. The AO, in his remand report, quantified the disallowable interest and the CIT(A) directed the AO to disallow a specific amount while deleting the remaining disallowance. The Tribunal found that the AO is required to make a fresh assessment of the total income for each relevant assessment year under section 153A, without reference to the original assessment. The Tribunal held that there is no restriction on the assessee to claim any deduction not allowed in the original assessment during the fresh assessment under section 153A.Issue 2: Determination of total income lower than the returned income without filing a revised return within the prescribed timeThe Revenue argued that the CIT(A) erred in determining the total income at a figure lower than the returned income, citing the Supreme Court's decision in Goetz (India) Ltd. The Tribunal noted that although the Supreme Court restricted the AO from entertaining any claim for deduction otherwise than by filing a revised return, it clarified that this restriction does not apply to the powers of the Income-tax Appellate Tribunal under section 254.The Tribunal referred to the Supreme Court's decision in National Thermal Power Company Ltd., which held that the Tribunal has the jurisdiction to examine a question of law arising from the facts found by the authorities below, even if it was not raised before the CIT(A). The Tribunal concluded that the assessee's claim for deduction of interest, which was accepted by the AO in the remand proceedings to a significant extent, could be entertained by the Tribunal.Conclusion:The Tribunal upheld the CIT(A)'s order, emphasizing that the assessment under section 153A requires a fresh determination of total income, allowing the assessee to claim deductions not previously allowed. The Tribunal dismissed the appeal by the Revenue, affirming that the CIT(A) acted within the legal framework in granting relief and determining the total income.
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