2014 (4) TMI 347

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....or the Respondent : Mrs. Aarti Vissanji ORDER Per Sanjay Arora, A. M.: These are a set of three Miscellaneous Applications by the Revenue in respect of the disposal of its appeals by the Tribunal u/s. 254(1) of the Income Tax Act, 1961 ('the Act' hereinafter) vide its combined order dated 30.08.2011 for the relevant years. 2. The rectification petitions raising common issue/s, were hea....

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....s grievance is that no claim stood made by the assessee per its returns of income. Section 153A proceedings are for the benefit of the Revenue, as are section 147 proceedings, alluding for the purpose to the decision by the apex court in the case of Sun Engineering Works (P.) Ltd. (supra). The same being qua a provision which is pari materia is, thus, applicable. A sec.153A assessment could not th....

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....evenue in other years viz. 2003-2004, 2005-2006 and 2006-2007 remain the same as they are in assessment year 2001-2002, 2002-2003 and 2004-2005. This distinguishing feature, as noted above, has no bearing on our decision about the deductibility of interest as per the remand report of the Assessing Officer. Following the view taken by us by way of detailed order in appeal for assessment year 2001-2....

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....edings before the tribunal. We accordingly find no merit in the Revenue's objection/s. 5. The second objection raised by the Revenue is with regard to the entitlement of the assessee to set off short term capital gain (loss) against other income per its return/s u/s.153A in-as-much as the same was not a subject matter of assessee's return/s u/s.139(1). 6. We have heard the parties and peruse....