2014 (8) TMI 1194 - AT - Income Tax

Issue not raised by the assessee before the lower authorities - notice under section 153C r.w.s. 153A was issued in this case after expiry of two years from the date of search - HELD THAT - We find that the issue raised by the assessee in this ground of the appeal being legal in nature, has to be admitted. However, this issue was not raised by the assessee before the AO and the CIT(A). Accordingly, we are of the view that it shall be in the interest of justice to restore this issue to the file of the AO with direction to decide about the legal issue regarding legality of the notice dated 13.6.2008 issued by the DCIT after allowing reasonable opportunity of hearing to the assessee. Addition u/s 68 - HELD THAT - We find that since the legal issue raised regarding legality of the notice dated 13.6.2008 has been restored to the file of the AO, it shall be justified to restore other issues raised of the appeal of the assessee to the file of the AO with direction to decide the same afresh in accordance with the law after allowing reasonable opportunity of hearing to the assessee - Decided in favour of assessee for statistical purpose.

Summary

Issues Involved:
1. Legality of notice under section 153C r.w.s. 153A issued after the expiry of two years from the date of search.
2. Addition made under section 68 of the Act.
3. Assessment of income under the head Profit and Gains of business.
4. Disallowance of expenses incurred for the purpose of business.

Issue 1: Legality of Notice under Section 153C r.w.s. 153A:
The appeal raised concerns about the legality of a notice issued under section 153C r.w.s. 153A after the expiration of two years from the search date. The appellant argued that the combined notice for all six years was legally flawed and sought for the assessment to be quashed. The Tribunal acknowledged the legal nature of the issue and decided to admit it, despite not being raised before the lower authorities. Consequently, the Tribunal deemed it just to remand the matter back to the Assessing Officer for a fresh determination on the legality of the notice, ensuring the appellant's right to a fair hearing.

Issue 2: Addition under Section 68 of the Act:
The primary contention revolved around an addition of Rs. 17,54,784 under section 68 of the Act. The appellant referred to a similar case where the matter was remanded for fresh adjudication. The Tribunal, considering the restoration of the legal issue, decided to remand all related issues back to the Assessing Officer for a fresh decision in line with the law. The Tribunal directed the AO to re-examine the issues raised under concise ground numbers 2 to 4, providing the appellant with a reasonable opportunity to present their case.

Issue 3: Assessment of Income under the Head Profit and Gains of Business:
The appellant disputed the assessment of income amounting to Rs. 1,30,391 under the head Profit and Gains of business. However, the Tribunal's decision to remand all relevant issues back to the Assessing Officer for fresh consideration encompassed this matter as well. The Tribunal instructed the AO to reevaluate this issue along with others, ensuring a fair and lawful assessment process.

Issue 4: Disallowance of Business Expenses:
Another issue raised was the disallowance of expenses totaling Rs. 5,79,872 incurred for business purposes. The appellant contended that all expenses were legitimately business-related and should be deductible in computing income. As with the other issues, the Tribunal decided to remand this matter back to the Assessing Officer for a fresh determination, emphasizing the need for a fair and thorough assessment process. The Tribunal directed the AO to allow the appellant a reasonable opportunity to present their case regarding the disallowed expenses.

In conclusion, the Tribunal allowed the appeal of the assessee for statistical purposes, emphasizing the importance of a fair and just assessment process in addressing the various legal issues raised throughout the case.