2017 (4) TMI 1665

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....5-4-2017<br>ITA Nos. 5462, 5463, 5464, 5465, 5467, 5468, 5469, 5470 & 5471/M/2016 - -<br>Income Tax<br>Shri D. Karunakara Rao, Accountant Member For the Assessee : Shri Vijay Mehta For the Revenue : Mrs. Beena Santosh, DR ORDER PER D. KARUNAKARA RAO, AM: There are nine appeals, filed by various assessees, under consideration for the AYs 2007-08; 2008-09 and 2009-2010. Bringing our attention to the grounds of these appeals, Sri Vijay Mehta, Ld AR for the submitted that the issues raised in the grounds are identical and therefore, these appeals can be clubbed and adjudicated in this composite order. 2. Narrating the back ground facts of these appeals, Ld AR submitted that these assesses relate to the Lodha group of cases. Th....

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....support of the additions made in these nine assessees. Therefore, Ld AR prays for the deletion of the additions in all these cases. 4. Bringing our attention to the Gujrath High Court Judgement in the case of Maruthi Fabrics 47 TAXMAN.COM 298, Ld AR submitted that the honble High Court analysed the provisions of section 32L of the Central Excise Act and brought analogy of the same with the provisions of section 245 HA(5) of the Income tax Act 61 and mentioned that the provisions are applicable to the facts of the present case under the I T Act provisions. Therefore, it is the case of the assessee's Counsel, all these nine appeals are required to be allowed in favour of the assessee as covered cases by the said Honble HC of Gujarath. 5....

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....plicable to the nine appeals under consideration. "245HA... (5) For the purposes of section (2), the assessing officer, or as the case may be, other income tax authority, shall be entitled to use all the material and other information produced by the assessee before the Settlement Commission or the result of the inquiry held or evidence recorded by the Settlement Commission in the course of the proceedings before it, as such material, information, inquiry and evidence had been produced before the Assessing Officer or other income tax authority or held or recorded by him in the course of the proceedings before him." 8. The above provisions of sub-section (5) are found to be para materia with the provisions of section 32L....