TaxTMI 
TaxTMI 
TaxTMI 
2019 (11) TMI 583
X X X X Extracts X X X X
X X X X Extracts X X X X
....Commissioner of Income Tax(Appeals) erred in upholding the jurisdiction of the Assessing Officer to complete the assessment under sec.153A r.w.s 143(3). 2. The learned Commissioner of Income Tax (Appeals) erred in upholding the jurisdiction of the Assessing Officer to make an addition in proceedings u/s.153A, after having himself given a findings that no incriminating material was found in the course of search, and that the original assessment u/s.143(3) had not abated. 3. The Learned Commissioner of Income Tax (Appeals) erred in upholding the jurisdiction of the Assessing Officer to make an addition on the basis of an offer made by the appellant during assessment, ignoring the fact that appellant made a conditional offer, which was not accepted by the Assessing Officer. 4. Without prejudice the learned Commissioner of Income Tax (Appeals) erred in directing the Assessing Officer to adopt the ALV of property at Lonavala at Rs. 60,000/- and that of flat in building called Kalpana at Rs. 41,000/-. The appellant submits the ALV adopted is excessive and arbitrary. 5. The appellant submits the Assessing Officer be directed to adopt the rateable value fixed by the Municipal Corpo....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... in upholding the jurisdiction of the Assessing Officer to make an addition on the basis of an offer made by the appellant during assessment, ignoring the fact that appellant made a conditional offer, which was not accepted by the Assessing Officer. 4. Without prejudice the learned Commissioner of Income Tax (Appeals) erred in directing the Assessing Officer to adopt the ALV of property at Lonavala at Rs. 60,000/- and that of flat in building called Kalpana at Rs. 45,000/-. The appellant submits the ALV adopted is excessive and arbitrary. 5. The appellant submits the Assessing Officer be directed to adopt the rateable value fixed by the Municipal Corporation as the Annual Letting Value. The Appellant craves leave to add to, amend, alter modify or withdraw any or all the Grounds of Appeal before or at the time of hearing of the Appeal, as they may be advised from time to time, 5. In ITA No. 4637/MUM/2017 for A.Y. 2009-10 the Grounds of appeal are as follows: 1. The learned Commissioner of Income Tax(Appeals) erred in upholding the jurisdiction of the Assessing Officer to complete the assessment under sec.153A r.w.s 143(3). 2. The learned Commissioner of Income Tax (Appeal....
X X X X Extracts X X X X
X X X X Extracts X X X X
....s become unabated. 8. The ld. AR before us has challenged the assessment proceedings framed under section 153A of the Act in ground no. 1 & 2 on the reasoning that the additions made by the AO in the assessment years 2006-07, 2007-08, 2008-09 & 2009-10 represents the items of the regular assessments being deemed rent under section 23(1) of the Act with respect to two properties located at Upper Amarwadi, Lonavala and Flat No. 8, Kalpana, Mumbai respectively. These properties were disclosed in the income tax returns and wealth tax returns. 9. As per the ld. AR there was no incriminating material found in respect of the unabated proceedings. Therefore no additions can be made. The assessments were framed u/s 153A/143(3) of the Act after making addition on account of deemed rent but the same were reduced by the ld. CIT-A. The details of the amount disputed in different assessment years are as under: S. No. Assessment Year Addition u/s. Amount (Rs.) Remarks 1 2006-07 23(1) Rs. 1,01,000/- -On account of deemed rent 2 2007-08 23(1) Rs. 1,01,000/- -On account of deemed rent 3 2008-09 23(1) Rs. 1,05,000/- -On account of deemed rent 4 2009-10 23(1)....
X X X X Extracts X X X X
X X X X Extracts X X X X
....nd in the intent of the legislature to differentiate whether the assessments were originally framed u/s 143(1) or 143(3) or 147 of the Act. Therefore, if any incriminating material is not found during the course of search related to those concluded years, the Act does not confer any power on the Ld. AO to disturb the finding given thereon and income determined thereon as finality has already been reached and no proceeding was pending on the date of search. 11.1 We find that the judgment of the Hon'ble Bombay High Court in the case of CIT vs. Continental warehousing corporation (Nhava Shiva) Ltd. and All Cargo Global Logistics ltd. reported in 374 ITR 645 has decided the impugned issue in favor of the assessee. The relevant extract is reproduced below: "Once it is held that the assessment has attained finality, then the Assessing Officer while passing the independent assessment order under section 153A read with section 143 (3) 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 establish that the reliefs granted under the finalised assessment/reassessment were co....