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TMI Blog2024 (7) TMI 433X X X X Extracts X X X X X X X X Extracts X X X X ..... 2018 passed under section 154/147/143(3) of the Act. Basically, the appellant/assessee, in consequence to the order of the Hon ble High Court against penalty order, filed an application u/s 154 of the Act requesting deletion of the penalty demand from the System, which was acceded to by the AO. We are of the considered opinion that the rectification order passed under section 154/147/143(3) of the Act cannot be taken as escape route to challenge the validity and quantum addition made in the reassessment order passed under section 147/143 of the Act. We, therefore, do not find any merit in the appeal challenging the quantum addition. Hence, we dismiss grounds no. 2 and 3 challenging the quantum addition. Appeal of the assessee is dismissed. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2010. Later on, the case was reopened and the consequential reassessment was done at income of Rs. 1,06,28,584/- under section 147/143 of the Act on 02.09.2011. After reassessment, an application under section 154 of the Act filed by the appellant/assessee was disposed of, vide order dated 24.10.2018, by the AO. Aggrieved with the order dated 24.10.2018 passed under section 154/147/143(3) of the Act, the appellant/assessee filed appeal before the CIT(A) challenging the quantum addition of Rs. 1,69,71,833/- made in the reassessment order passed under section 147/143(3) of the Acton 02.09.2011 and consequential interest charged therein under section 234A, 234B and 234C of the Act and interest not paying interest on refunds due under section 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 4.1 The Ld. AR further submitted that the AO had wrongly reopened the assessment for disallowance of prior period expenses of Rs. 1,69,71,833/- and questioned the merit of the reassessment order passed under section 147/143 of the Act on 02.09.2011. Further, it was contented that the appellant/ assessee had also been served with the notice dated 11.02.2010 under section 154 of the Act for disallowance of prior period expenses of Rs. 1,69,71,833/-. However, the appellant/assessee had not received any rectification order under section 154 of the Act passed in consequent to the above-mentioned notice dated 11.02.2010. The Ld. AR further argued that the AO could not reopen any case on the similar reasoning in respect of which the proceedings ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ave heard both the parties at length and considered the material available on the record. 7. The facts emerged from the material available on record are that the appellant/assessee has accepted the reassessment order dated 02.09.2011, determining income of Rs. 1,69,71,833/-, passed under section 147/143 of the Act and never filed any appeal against the said reassessment order. Thus, the only inference emerged therefrom is that the appellant/assessee has accepted the quantum addition of Rs. 1,69,71,833/- made in the reassessment order dated 02.09.2011. In case, the appellant/assessee was having any grievance to the quantum addition of Rs. 1,69,71,833/-, then it would have challenged the reassessment order dated 02.09.2011 before the appellat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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