TaxTMI 
TaxTMI 
2023 (7) TMI 1275
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....) were issued and duly served upon the assessee. In response to the said notices, the Authorised Representative of the Assessee appeared before the A.O. and filed the requisite details/documents as called for. However, the A.O. did not satisfy with the details/documents furnished by the assessee and completed assessment proceedings under section 143(3) of the I.T. Act, 1961 dated 26.12.2017 by determining the total income of the assessee at Rs. 21,37,81,194/- as against the returned income of assessee at Rs. 18,38,28,500/-. The ld. CIT(A) vide order dated 09.03.2020 quashed the said assessment order u/s. 143(3) of the Act. 2.1. Subsequently, a search and seizure action under section 132 of the I.T. Act, 1961 was carried in the Sanjay Singhal Group of cases as well as in the case of assessee on 15.11.2017 for the F.Y. 2017-18. Notice u/s. 153A of the Act was issued and served the assessee on 12/27.03.2019.n During the course of search assessment proceedings under section 153A/143(3) of the I.T. Act, 1961 also, the A.O. computed the total income of assessee at Rs. 21,37,81,194/- vide order dated 22.12.2019 by adopting the original assessed income computed in the earlier scrutiny ass....
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....1,37,81,194/- Since the assessing officer has not made any independent addition, no demand has been created pursuant to this order u/s 153A. 3. Since in the impugned assessment order us 153A, the assessing officer had not made any addition and had merely accepted the earlier original assessment order u/s 143(3), the CIT(A) rightly held that the assessing officer is directed to adopt the income computed/assessed after appeal effect of the appeal order(s) in relating to original assessment order passed us 143(3) of the Act. 4. The income after the appeal effect in respect of original assessment comes to Rs. 18,38,28,500/- i.e., income as originally returned by the assessee. 5. The assessing officer has himself passed appeal effect order on 22/07/2020 whereby the assessed income has been computed at Rs. 18,38,28,500/- 6. The present appeal filed by the revenue and the grounds of appeal raised therein are infructuous and do not arise from the impugned order u/s 153A. The issue of disallowance of deduction us 54F could have not raised by the revenue only by the way of filing of appeal against the CIT(A) order relating to original assessment dated 26/12/2017. The issue of disal....
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....s. 143(3) of the I.T. Act, 1961 vide order dated 22.12.2019 again determining the total income of assessee at Rs. 21,37,81,194/-. Which is akin and similar to the, assessed income in the first/original assessment order dated 26.12.2017 under section 143(3) of the I.T. Act, 1961. Finally, in the search assessment order u/s. 153A/143(3) of the Act, dated 22.12.2019 the AO accepted the assessed income in the earlier scrutiny assessment order dated 26.12.2017. 5.2 Further, from copy of subsequent reassessment order u/s.153A r.w.s 143(3) of the Act dated 20.12.2019, we note that the Assessing Officer by referring to the original assessment order dated 26.12.2017 observed that the Assessing Officer in said original assessment order made disallowance of deduction u/s. 54F of the Act amounting to Rs. 2,99,52,694/- and again assessed the income at Rs. 21,37,81,194/- 5.3 The assessee also filed another appeal before the Ld. CIT(A)-24, New Delhi against the search assessment order dated 22.12.2019 passed under section 153A r.w.s. 143(3) of the I.T. Act, 1961, who vide order dated 22.06.2020 allowed the first appeal of the assessee. The relevant observation of Ld. CIT(A) in para 5.5.2 & 5.5.....
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....s noted above i.e. Rs. 18,38,28,500/- 7. In view of above noted factual matrix of the appeal we note that the Assessing Officer while passing search assessment order dated 22.12.2019 u/s. 153A r.w.s 143(3) of the Act, firstly noted that in response to notice u/s. 153A of the Act the assessee filed return of income on 18.04.2019 declaring total income of Rs. 18,38,57,260/- by enhancing income to Rs. 28,760/- as compared to return filed by the assessee. From para 5 of said scrutiny assessment order, we note that the Assessing Officer accepted the assessed the income at Rs. 21,37,81,194/- as was assessed in the earlier/original scrutiny assessment order dated 26.12.2017. Thus the Assessing Officer, in the search assessment order has accepted the assessed income as per original scrutiny assessment order, without making any other independent addition or disallowance, assessed the income of assessee. 8. In view of foregoing discussion we are of the view that since in the impugned assessment order u/s. 153A of the Act, the Assessing Officer had not made any addition or disallowance and has impliedly accepted the earlier original assessment order u/s. 143(3) of the Act dated 26.12.2017, ....