2017 (7) TMI 813

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....ee, Senior Counsel with Mr.Abhishek Padwalkar i/by Mr.Ranit Basu, Advocate for the Respondent ORDER P.C. 1 These Appeals are for the Assessment years 2002-03 and 2003-04. The Revenue assails the Order of the Tribunal thereby allowing the Appeal of the Assessee. 2 Mr.Singh, the learned counsel for the Appellant contends that the Tribunal was not justified in deleting the addition made on accoun....

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.... of the Act. The distinguishing feature in Sections 143(1) and 143(3) has not been considered by the Tribunal in an assessment under Section 143(3) of the Act a long drawn inquiry is contemplated. It would also amount to examination of evidence. However, inquiry under Section 143 (1) of the Act is limited on the basis of return filed. In view of that the Judgments relied would not be applicable. ....

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.... counsel for the respective parties. On perusal of Section 153A of the Act, it is manifest that it does not make any distinction between assessment conducted under Section 143(1) and 143(3). This Court had occasion to consider the scope of Section 153A of the Act in case of The Commissioner of Income Tax v. Gurinder Singh Bawa and in the case of The Commissioner of Income Tax v. Continental Wareho....