2015 (10) TMI 2829

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.... in law and facts in treating the proceeding u/s 147/143(3) as Ultravires. 2. That the Ld. Commissioner of Income Tax (Appeals)-II, Kanpur has erred in law and on facts in deleting the addition of Rs.3,29,228/- where there is wrong deduction claimed by assessee and there is escapement of Income. Moreover, the issue of non deduction of TDS u/s 194H has come up after the nature of Rs. 10,69,280/- was explained by the assessee as commission paid which was not available at the time of original proceedings.  3. That the AO has rightly taken the recourse of section 147/148 to disallow the wrong claim of deduction u/s 80 IA made by the assessee of Rs. 3,29,228/- and to invoke the section 40(a)(ia) on commission amount of Rs.....

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....tion u/s 80 IA made by the assessee of Rs. 8,96.343/- and to invoke the section 40(a)(ia) on commission amount of Rs. 14,71,214/-. 4. That the assessee was not entitled for deduction u/s 801A as he was not covered under any of the criterion mentioned for the deduction.  5. That the CIT (A)-II, Kanpur has erred in law and on facts in deleting the addition of Rs. 8,96,343/- stating that benefit shall be available to the assessee as per circular no. 779 of CBDT issued on 14.07.1999. 6. That the AO rightly added back the amount of Rs. 14,71,214/- u/s 40(a)(ia) on account of non deduction of TDS u/s 194H on commission paid. 7. That the appellant craves leave to modify any of the grounds of appeal mentione....

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....sion, we find that undisputedly, the assessment orders involved are 2006-07 & 2007-08 and the reopening was done vide notice dated 04.03.2013. The reasons recorded were provided to the assessee vide letter dated 04.03.2013 and from its careful perusal, we find that the Assessing Officer has not recorded his satisfaction that income chargeable to tax has escaped assessment on account of failure on the part of the assessee. Moreover, the reasons for reopening the assessment relate to the excess claim of deprecation and excess deduction and both the issues were examined by the AO while framing the assessment u/s 143(3) of the Act. Therefore, we are of the view that assessment was reopened after four years from the relevant assessment years. ....