2016 (7) TMI 821

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....fession and capital gains. Return declaring total income of Rs. 8,39,253/- was filed 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 Rs. 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 Rs. 4,47,600/-, which were not offered for taxation. Assessment was completed u/s 147/143(3), making total addition of Rs. 2,37,500/-. The assessee, inter alia, argued before the ld. CIT(A) that the AO had issued notice u/s 154 and hence the initiation of reassessment proceedings by means of notice u/s 148 was no....

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....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 filed during the course of assessment proceedings the following receipts received from the following parties were not found to have been included in the total receipts which have credited to the P&L account. S.No. Name of the party Total professional receipts received as per TDS certificate (in Rs.). 1. Bhilwara Chittorgarh Duss Ltd. ....

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....sts 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 to an end for making a way for the initiation of another proceedings on the same subject matter. Unless the earlier proceedings are buried, either by way of an order on merits or by dropping the same, no fresh subsequent proceedings on the same subject matter can be initiated. 7. Adverting to the facts of the instsant case, it is noticed that ....