TaxTMI 
TaxTMI 
TaxTMI 
2025 (2) TMI 1228
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....he impugned appeal, through its grounds of appeal is regarding the decision of the Ld. CIT(A) in dismissing the appeal of the assessee vide his order dated 04.01.2024. The Ld. Counsel for the assessee submitted that the action of the Ld. CIT(A) is erroneous. Consequently a request was made to remit the case back to the Ld.AO for re-adjudication. 3.0 Before proceeding further we deem it necessary to briefly recapitulate the brief factual matrix of the case. The appellant assessee is Cooperative Bank. It had filed its return of income for AY-2013-14 declaring loss of Rs.1,60,84,017/- on 30.09.2013. The case was selected for scrutiny wherein the Ld. AO, inter-alia, made an addition of Rs.9,66,65,844/- on account of inadmissible claim of bad debts in his order u/s 143(3) dated 22.03.2016. The Ld. AO had noted that, in terms of decision of Hon'ble Apex Court in the case of Catholic Syrian Bank, the deduction u/s 36(1)(viia) is only available to provisions for rural advances. It is an admitted fact on records that this order was not contested by the assessee before any appellate authority. 4.0 Further, in assessee's case another order u/s 147 r.w.s 144B was passed dated 12.03.2022 whe....
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....limine as non-maintainable. We find sufficient force in the arguments of the Ld. DR 5.1 The controversy embedded in the present appeal of the appellant assessee has been examined w.r.t. the statutory provisions of the act as well as the facts and circumstances of the case. In principle the assessee has contested the order u/s 251 of the act passed by the Ld. First Appellate Authority. Before the Ld. CIT(A) the appellant assessee had assailed order u/s 147 r.w. 143(3) dated 12.03.2022 of Ld.AO. This bring us to the question as to the powers of Ld.AO u/s 147 of the act. Briefly put section 147 empowers an assessing officer to bring to tax any income which has escaped assessment for reasons specified in the statute. Thus, a notice u/s 148 is issued by the Ld. AO to examine the issue as to whether any income has escaped assessment. It is noteworthy that this is the stage of prima face belief of the Ld. AO and not a conclusive finding which only comes upon detailed enquiry and investigation into the case, confronting the tax payer, examining material, evidence on record etc. 5.2 Section 246 of the act entails that "any assessee aggrieved" by the order of the Ld. AO passed under differ....
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....g aggrieved by the order of the Ld. AO, which would have warranted filing of an appeal u/s 246 before the Ld. First Appellate Authority. The views of the Ld. First Appellate Authority extracted in para 4.0 herein above, have therefore been found to be totally in order. The decision of the Ld.CIT(A) that as the assessee has not contested the order dated 22.03.2016 in which the addition of Rs.9,66,65,844/- was made by the Ld.AO on account of bad debts, the same cannot now be contested in a roundabout manner by invoking the hypothesis of doctrine of merger. Merely because the Ld. AO has reopened the assessment on connected matter and proceeded to conclude that no further addition is required to be made would not mean that the original addition stands obliterated. Both the assessment orders dated 22.03.2016 and dated 12.03.2022 are on different footings and cannot be treated as composite orders. We therefore find force in the argument of the Ld. CIT(A) as to when there is no addition no relief can be given to the assessee. Accordingly, we confirm the order of the Ld. CIT(A) and dismiss all the grounds of appeal raised by the assessee. 6.0 In the result, the appeal of the assessee for ....
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....of bad debts. Pointing towards inaccuracy / deficiency / factual incongruence of the impugned document, the Ld. CIT, DR submitted that the DIN No. etc submitted in the subject line is again not connected with the present case. 9.0 The Ld. CIT, DR drew our attention to the order of Ld. First Appellate Authority wherein it had confirmed the order of the Ld.AO. Perusal of column No.11 of Form-35 indicates that the assessee had challenged that its claim for additional claim of bad debts was not allowed by the Ld. AO. Column No.2(a) of said Form-35 indicates that the appeal was made against the 154 of the order dated 29.09.2022. The Ld. First Appellate Authority has observed in his order dated 06.01.2024 that it had issued notices to the assessee which were not complied and also the fact that hearing were fixed as per adjournment sought by the appellant. The Ld. First Appellate Authority also noted that as no addition was by the Ld. AO in his assessment order dated 08.09.2022 there cannot be any case of grievance to the assessee. Accordingly, applying the above reasoning the Ld. First Appellate Authority dismissed assessee's appeal. 10.0 We have heard rival submissions in the light of....