TaxTMI 
TaxTMI 
2025 (12) TMI 965
X X X X Extracts X X X X
X X X X Extracts X X X X
....ate orders of ld. CIT(A) both dated 15.04.2025. In both the appeals, the Revenue has raised similar ground of appeal; facts in both the years are almost similar. Thus, with the consent of parties both the appeals and cross-objection of assessee were clubbed, heard together and are decided by common order to avoid the conflicting decision. For appreciation of fact, fact in A.Y. 2014-15 in ITA No. 4436/M/2025 is treated as lead case. The revenue has raised following grounds of appeal: "1. Whether on the facts and circumstances of the case and in law, the Ld. CIT(A) erred in quashing the order u/s. 143(3) r.w.s. 153A without appreciating the fact that the assessee's contention about the Validity of order u/s. 143(3) r.w.s. 153A ha....
X X X X Extracts X X X X
X X X X Extracts X X X X
....raves leave to add, alter, delete or modify all or any of the above grounds of cross-objections." 3. Perusal of record shows that impugned order was passed by ld. CIT(A) on 15.04.2025, and the appeal is filed by Revenue / Assessing Officer on 08.07.2025 and, thus, there is a delay of 8 days in filing appeal. The assessing officer has filed an application for condonation of delay. In the application for condonation of delay, the assessing officer has stated that approval of competent authority for filing appeal was received only on 08.07.2025. The delay is not intentional and no prejudice is likely to cause to the respondent assessee, if delay in filing appeal is allowed. The learned Commissioner of Income Tax - Departmental Representativ....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... of assessee by issuing notice under section 153A dated 20.10.2020. The assessing officer completed assessment under section 143(3) r.w.s. 144C / 153A on 04.10.2021. The assessing officer while passing the assessment order made addition on account of Transfer Pricing adjustment of Rs. 99.65 crores and disallowance under section 35(2AB) of Rs. 6.36 crores. 6. Aggrieved by the action of assessing officer, the assessee filed appeal before ld. CIT(A). Before ld. CIT(A) filed factual and legal submission. In the factual submission, the assessee submitted that the subject assessment year has attained finality after accepting the application of assessee by ITSC in its order dated 13.10.2017. The assessing officer while giving effect to the orde....
X X X X Extracts X X X X
X X X X Extracts X X X X
....accepting the submission of assessee that impugned assessment year was subject matter of settlement before ITSC. 9. On the other hand, the ld. AR of the assessee submits that once the application of assessee under section 245C(1) is accepted and order under section 245D(4) is passed, the assessing officer has no jurisdiction to reassess the income of assessee qua the subject assessment year. The ITSC accepted the application of assessee only on obtaining report of assessing officer through jurisdictional Pr. CIT. The grievance if any with the department or the assessing officer to move under section 245D(6) or to approach High Court for quashing such settlement order. Once, issue relating to impugned assessment year has been settled by I....
X X X X Extracts X X X X
X X X X Extracts X X X X
....xamined by assessing officer. Further, Gujarat High Court in Komalkant Faikirchand Sharma vs DCIT (supra) also held that once order under section 245D has been passed by ITSC, assessment for that years stands concluded and assessing officer has no jurisdiction to reopen assessment. The Hon'ble Delhi High Court in a recent decision in Orchid Infrastructure Developers (P) Ltd. vs PCIT (supra) also held that order of ITSC is deemed to be conclusive for all matters pertaining to concerned assessment year for which settlement application has been accepted and processed by ITSC. Such matter can be reopened as per procedure mentioned in section 245D and not under section 148. 12. We find that assessing officer has not adopted recourse prescribe....