2018 (5) TMI 2000

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.... ORDER Saktijit Dey, JM   This appeal has been filed by the Revenue against the order of the Commissioner of Income Tax (Appeals)-54, Mumbai, dated 13.06.2016, for Assessment Year 2010-11. 2. The issue raised in the grounds is in relation to deletion of disallowance made by the Assessing Officer(AO) under Section 14A of the Income Tax Act (hereinafter "the Act"). 3. Brief facts o....

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....upon the assessee to file his return of income for the impugned assessment year. In response to the said notice assessee filed his return of income on 31.01.2013 declaring total income at Rs. 95,83,189/-. During the assessment proceedings, on verifying the audited financial accounts of the assessee as well as the return of income, the AO found that, though, the assessee has made investments in exe....

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....or issue of notice under Section 143(2) of the Act has also expired before the date of initiation of search. Thus, on the date of search assessment proceedings for the impugned assessment year was not pending before the AO, meaning thereby that the assessment for the impugned assessment year was not abated as on the date of search. Thus, the learned CIT(A) held that since the disallowance made und....

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....ration on 12.10.2011 no assessment proceedings for the impugned assessment year was pending before the AO. Thus, it is not a case of abated assessment proceeding which has to be completed under Section 153A of the Act. It is neither denied nor disputed by the learned D.R. that the disputed disallowance under Section 14A r.w. Rule 8D was not on the basis of any incriminating material found as a res....