2012 (1) TMI 336

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....ome declaring total income at Rs. 2,40,580/-. Subsequently, the case was reopened and the notice u/s.148 of the I.T.Act, 1961 was issued. The assessment u/s. 143(3)/147 of the I.T. Act, 1961 was completed at a total income of Rs. 10,70,820/-. 3. Before the learned Commissioner of Income-tax (Appeals), it was submitted that the assessee was engaged as contractor in the state of Sikkim. All the contract works were executed for Central Public Works Deptt.[ CPWD], Gangtok. The return for the assessment year 2004-05 was filed on 28-10-2004. It was further pointed out that during the pendency of appeal, section 10(26AAA) was inserted in the Income-tax Act, 1961 by the Finance Act, 2008 w.e.f. 01-04-1990 by which all the individuals being Sikki....

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.... to deny the effect of that amendment, the assessee cannot claim the same from the CIT(A). As such, there is no issue before the CIT(A) to decide. As no argument was made on merit, the action of the ld.AO stands confirmed. " 4. Being aggrieved by the said order of the learned Commissioner of Income-tax (Appeals), now the assessee is in appeal before us and inter-alia, has taken following grounds of appeal:- "1. That the Ld. CIT (A) has erred in confirming the order passed by the AO. 2. That the Ld. C.I.T. (A) erred in denying the benefit of section 10 (26AAA) inserted by the Finance Act, 2008 w.e.f. 01.04.1990 to the appellant though he admitted that the appellant fulfilled all the conditions laid down in the said secti....

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....t to the order of the Tribunal for the purposes of assessing the tax liability of the assessee for the assessment year which was under consideration before the Tribunal. In these circumstances, it cannot be contended on behalf of the Revenue that the assessment proceedings come to an end when the assessment order is framed. The contention on behalf of the Revenue to equate the assessment order with assessment proceeding is based on a fallacious premise." 6. The ld.DR has relied on the orders of the authorities below. 7, We have considered the rival submissions and perused the record of the case. From the observations of the learned Commissioner of Income-tax (Appeals), it is evident that the assessee fulfills all the conditions as lai....