AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2019 (1) TMI 1533
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....rs 2001-2002, 2003-2004, 2005- 2006 & 2006-2007. The Tribunal, affirmed the order passed by the Commissioner of Income Tax [CIT] under Section 263 of the Act, revising the assessment made, allowing the claim under Section 80IB of the Act. The CIT found that the essential conditions of the claim is not satisfied. The Tribunal affirmed the order of the CIT under Section 263 of the Act, against which questions of law are raised in all the assessment years. 2. In the assessment year 2001-2002, there is a question of limitation, which admittedly had not been raised before any of the authorities under the Act. The question of limitation being a mixed question of fact and law, it could be raised at the point of an appeal under Section 260A of the....
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.... return was filed by the assessee. The assessment was completed as per Annexure-C for the year 2001-2002, where there was no consideration of the claim under Section 80IB of the Act, obviously for reason of the claim having already been allowed by the Assessing Officer by Annexure-A. The significant fact, which weighed with the Commissioner, acting under Section 263 of the Act was the fact that the assessee when filing the return pursuant to the notice under Section 153A, enhanced the claim under Section 80IB to Rs. 11,88,622/-, in addition to that claimed under the revised return filed at the stage of Section 143(3) proceedings. 5. The Commissioner, by Annexure-E order dated 25.03.2009, sought to revise the entire claim of Rs. 11,88,622/-....
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....rn or in the revised return. In fact at the time of the original proceedings, the assessee had only claimed an amount of Rs. 70,651/-, that too in a revised return. This was the claim, which was allowed as per the original order at Annexure-A. The further claim was made in the return filed as against the notice issued under Section 153A of the Act, which the assessee was not entitled to raise. The original assessment had resulted in the claim being allowed to the extent of Rs. 70,651/-, which alone was claimed at that time. There could be no enhancement of such claim in a return filed pursuant to a notice under Section 153A. 8. The search proceedings cannot inure to the benefit of the assessee, in so far as making a claim far in excess of ....
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....attempted, had attained finality. 10. As of now we find that the reasons stated for revising the order under Section 263 of the Act are those extracted herein above, which go to the root of the claim made under Section 80IB of the Act, which would apply to the entire amounts claimed; that in the revised return originally filed and in the return filed under Section 153A of the Act. Without revising the earlier order at Annexure-I, it would not be possible to disallow the claim further made under the return filed pursuant to notice issued under Section 153A of the Act by revising Annexure-C order. The grounds as stated in Section 263 order was available to the Revenue even as against the original order passed at Annexure-I. No interference o....
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....question of law arises from the appeals: "Whether in the facts and circumstances of the case, ought not the Tribunal have set aside the order under Section 263 of the Act for reason of the order revised having merged with the appellate order?" 14. We see that the assessment orders were passed rejecting the claim under Section 80IB of the Act and the assessee challenged it in appeal. The Appellate Authority agreed with the contention of the appellant with respect to the claim made under Section 80IB of the Act. The appellant was found eligible under Section 80IB of the Act and the Assessing Officer was directed accordingly. In both the years we find from the first appellate orders that there was a direction issued to the Assessing Office....