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TMI Blog2020 (11) TMI 112X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome Tax Act, 1961 (the Act) on the assessee on 13.11.1996 consequent to which, a notice u/s. 158BC of the Act was issued to the assessee. The assessee filed the return of income and the assessment was completed. The assessee challenged the assessment order as well as validity of the notice u/s. 158BC of the Act directly before the Tribunal as per the then existing provisions of the Act. It was argued that the mandatory period of 15 days time was not given to the assessee to file his return of income. The Tribunal, vide order dated 03.09.2014 has held that the notice u/s. 158BC was an invalid notice and, accordingly set aside the assessment order. Subsequently, while passing the consequential order, the AO has accepted the income returned ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rging interest u/s. 220(2). 4. The CIT(A) erred in not disposing the Ground that the Ld. Assessing Officer failed to appreciate that the return filed by the assessee was non-est in law. Consequently, the amount collected from PD account and otherwise is liable to be refunded to the appellant with interest. 5. The CIT(A) erred in not disposing the Ground that the Assessing Officer grievously erred in assuming that the return filed was in response to the notice u/s. 158BC whereas it was out of time and the notice issued calling for the return is held as infirm. 6. The CIT(A) erred in holding that the I.T.A.T. has not annulled the order and only set-aside the order. 7. The CIT(A) erred in not disposing the Ground that Any other ground( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... elly Products and another reported in 271 ITR 367, therefore, assessee's appeal on the same issue again is not maintainable. 4. Having regard to the rival contentions and the material placed on record, we find that pursuant to search and seizure operation, the assessee was issued a notice u/s. 158BC of the Act in response to which the assessee had filed his return of income. The notice u/s. 158BC of the Act has been held to be invalid by the Tribunal. The AO got the jurisdiction over the assessee only by issuance of the notice u/s. 158BC, and since such notice has been held to be invalid, all consequential proceedings also will become invalid. 4.1. However, since the issue had already been raised by the assessee before the Bench and w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... return, which authority it has while framing 13 IT(SS)A No. 26/Hyd/2009 Mr. Jawaharlal @ Subashchand, Hyderabad, a regular assessment. The assessing authority must accept the return as furnished and cannot in any event raise a demand for payment of further taxes. Accepting the income as disclosed in the return furnished by the assessee, it must refund to the assessee any tax paid by the assessee in excess of the liability incurred by him on the basis of the income disclosed." 16.1. In view of this, we are of the opinion that additional ground cannot be admitted. We also take support on the decision of the Hon'ble Supreme Court in the case of S.A. Builders Ltd. 289 ITR 26 in support that additional ground cannot he admitted when the r ..... X X X X Extracts X X X X X X X X Extracts X X X X
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