TaxTMI 
TaxTMI 
2019 (4) TMI 506
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....ed appeals in ITA Nos.1241 to 1243/PUN/2015 against aforesaid order of Commissioner of Income Tax (Appeals)-1 & 2, Kolhapur, common for the assessment years 2005-06, 2006-07 and 2007- 08. 2. Shri M.K. Kulkarni appearing on behalf of the assessee submitted at the outset that on instruction from assessee, he is not pressing the appeal and wishes to withdraw the same. The ld. Counsel filed a request letter to withdraw appeal in ITA No.1175/PUN/2015. 3. Shri S.B. Prasad representing the Department raised no objection in assessee's withdrawal of appeal. 4. In view of the request made by ld. Counsel for the assessee, the appeal of the assessee in ITA No.1175/PUN/2015 is dismissed as withdrawn. ITA No.1241/PUN/2015 (By Department) Asse....
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....ficer disallowed deduction u/s.80IA(4) in respect of miscellaneous receipts aggregating to Rs. 1,28,59,681/-. Apart from above disallowance of deduction u/s.80IA(4) of the Act, no other addition was made in the hands of the assessee for the assessment year 2005-06. 6. Aggrieved by the assessment order dated 07.03.2013 passed u/s. 143(3) r.w.s.153A(b) of the Act, the assessee filed appeal before the Commissioner of Income Tax (Appeals) challenging the addition on two grounds: a. No incriminating material was found during the search for the assessment year 2005-06, therefore, no addition can be made. b. Original assessment for assessment year 2005-06 was completed before date of search. Since the assessee had claimed dedu....
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.... Ld. CIT(A) has erred in holding that the AO had not jurisdiction u/s 153A for the impugned Assessment Years once Assessment was completed for those years, when the return of income filed in response to notice u/s 153A can be assessed or reassessed by the AO u/s 153A(b) of the Act. 2) On the facts and the circumstances of the case and in law. the Ld. CIT(A) has erred in propounding that availability of incriminating material was prelude to assess u/s.153A once assessments had been completed for the impugned Assessment Years. 3) On the facts and the circumstances of the case and in law, the Ld. CIT(A) has erred in accepting the assessee's contention that completed assessments could not be revisited whereas as per Section 15....
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....llowed the same. Now the assessment proceedings consequent to search, Assessing Officer cannot fiddle with the assessee's claim of deduction u/s.80IA(4), where assessment has not abated and no incriminating material is found. 10. On the other hand, Shri S.B. Prasad representing the Department vehemently defended the action of Assessing Officer in disallowing assessee's claim u/s.80IA(4) in respect of miscellaneous receipts. The ld. DR in support of his submissions placed reliance on the decision of Hon'ble Kerala High Court in the case of E.N.Gopakumar Vs. CIT-Central, 75 taxmann.com 15 (Kerala). 11. We have heard the submissions made by the representatives of rival sides and have perused the orders of the Authorities below. The u....
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....ent assessment order under Section 153A read with Section 143(3) of the I.T. Act could not have disturbed the assessment/ reassessment order which has attained finality, unless the materials gathered in the course of the proceedings under Section 153A of the Income-tax Act establish that the reliefs granted under the finalized assessment/reassessment were contrary to the facts unearthed during the course of 153 A proceedings." 14. The ld. DR has placed reliance on the decision of Hon'ble Kerala High Court in the case of E.N. Gopakumar Vs. CIT- Central (Supra.). We are of considered view that the aforesaid decision would not support the cause of Revenue, as there is binding decisions of Hon'ble Jurisdictional High Court directly on th....