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TMI Blog2021 (8) TMI 465X X X X Extracts X X X X X X X X Extracts X X X X ..... h and assesee is himself claiming that this is a case of non abated assessment. It is noted that assessee has not made any such claim in the return filed pursuant to notice u/s 153A - It has also not filed any revised return in this regard. The claim was rejected by Ld.CIT(A) on the touchstone of Hon ble Rajasthan High Court decision in the case of Jai Steel India [ 2013 (6) TMI 161 - RAJASTHAN HIGH COURT ] that in case of non abated assessment fresh claim cannot be allowed. We do not find any infirmity in the order of Ld.CIT(A). Hence, we uphold the same. - ITA No.875/Mum/2015 And ITA No.1338/Mum/2015 - - - Dated:- 10-8-2021 - Shri Shamim Yahya (AM) And Shri Amarjit Singh (JM) For the Assessee : Shri Gaurav Kabra For the Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by way of revised return, hence Hon ble supreme court decision in the case of Goetze(I) Ltd. 284 ITR 323 is applicable. Furthermore, Ld. CIT(A) found that as held by Hon ble Rajasthan High Court in the case of Jai Steel India vs ACIT 259 CTR 281 that the provisions of Sections 153A to 153C cannot be interpreted to be a further innings for the AO and/or assessee. Hence, he found that the claim was not maintainable hence he dismissed the claim. The order of Ld.CIT(A) in this regard is as under:- I find that the appellant had never made claim of reduction of sales tax incentive from Book Profit during original assessment or appellate proceedings. The claim has ben raised for the first time during the reassessment proceedings u/s 153A. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 143(3) r.w.s 153A of the Income Tax Act, 1961, which is not an abated assessment, without any incriminating were found during the course of search. Appellant submits that this ground was not raised before the Ld. Commissioner of Income Tax (Appeal), but since the above ground is purely legal in nature hence appellant is entitle to raise the same first time before the Hon'ble Tribunal as held by the Supreme Court in case of National Thermal Power Co. Ltd. Vs. CIT(229 ITR 383). 6. Referring to the above, Ld. Counsel of the assessee contended that this disallowance is not permissible as this was not an abated assessment and no incriminating material was found on this issue. Furthermore, he submitted that on merits similar issue wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pursuant to notice u/s 153A of the Act. It has also not filed any revised return in this regard. The claim was rejected by Ld.CIT(A) on the touchstone of Hon ble Rajasthan High Court decision cited above that in case of non abated assessment fresh claim cannot be allowed. We do not find any infirmity in the order of Ld.CIT(A). Hence, we uphold the same. 9. The grounds of appeal raised by the revenue read as under: 1. Whether in the facts and circumstances of the case and in law, the Ld. CIT(A) is justified in directing the Assessing Officer to delete the additions on the issues on which relief has already been granted by CIT(A) Bangalore in Original Appeal Proceedings. 2. Whether in the facts and circumstances of the case and in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fied in directing the Assessing Officer to re-compute the Book Profit u/s. 115JB of the Act by reducing the amount transferred to Debenture Redemption Reserve. 9. Whether in the facts and circumstances of the case and in law, the Ld. CJT(A) is justified in directing the Assessing Officer to re-compute the interest u/s. 234B casted on the Assessee Company due to retrospective amendment relying on the decision of the Hon'ble ITAT, Mumbai in the case of JSW Energy Ltd. for AY 2006- 07 ignoring the fact that the department has not accepted the decision and filed appeal with Hon'ble High Court on this issue which is pending. 10. Whether in the facts and circumstances of the case and in law, the Ld. CIT(A) is justified in direct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ofit u/s. 115JB, the same expenditure is not added back to the book profit. Accordingly, while working out book profit u/s. 115JB, adjustment in respect of expenditure u/s. 14AofRs, 10,06, 722/- is also being made. 12. Further, we note that he has repeated the additions made in original assessment by observing that the relief allowed by CIT(A) on this issue in subject matter of appeal before ITAT and hence, he is retaining the same. Ld.CIT(A) has granted the relief on all those issues, on which CIT(A) has granted relief in original assessment order. He has held that he is restoring all the reliefs granted by the CIT(A). On this issue of 14A disallowance, Ld.CIT(A) adjudicated this issue by holding that no incriminating material was f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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