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Issues involved: Reassessment based on u/s 148 notice for u/s 2(22)(e) applicability, addition of expenses without u/s 2(22)(e) addition justification.
The appeal arose from the CIT(A)'s order for assessment year 2001-2002. The return declared income of &8377; 1,09,366, assessed u/s 143(1). A notice u/s 148 was issued due to transactions with M/s.BLR India Private Limited, covered u/s 2(22)(e). The Assessing Officer made no u/s 2(22)(e) addition but disallowed &8377; 5,88,487 under certain expenses. The assessee contended that since no u/s 2(22)(e) addition was made, other additions were unwarranted. The CIT(A) upheld the assessment order rejecting the challenge. The Tribunal observed that reassessment was initiated under u/s 148 for u/s 2(22)(e) applicability, but no addition was made as the AO accepted the assessee's submissions. Citing CIT Vs. Jet Airways (I.) Ltd., the Tribunal held that if the grounds for reassessment were non-existent, the AO should not proceed with reassessment. As expenses were not part of the reassessment issue, the AO was unjustified in making such additions without u/s 2(22)(e) addition. Following the judicial pronouncement, the Tribunal set aside the order and ordered deletion of the additions. In conclusion, the Tribunal allowed the appeal, pronouncing the order on April 27, 2011.
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