MONTAGE ENETERPRISES P.LTD,NEW DELHI vs. ACIT, CENTRAL CIRCLE-27, NEW DELHI

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ITA 4578/DEL/2017Status: DisposedITAT Delhi14 December 2020AY 2011-122 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found that the additions made in the section 153A assessments were identical to those already decided on merits by the Tribunal in prior appeals. Therefore, the current appeals were rendered infructuous.

What were the facts?

The assessee filed appeals against orders passed under section 153A, which repeated additions made during earlier assessment proceedings under section 143(3). The additions made under section 143(3) had already been adjudicated by the Tribunal in previous appeals.

What were the issues?

Whether appeals filed under section 153A are infructuous when the additions made are identical to those already adjudicated by the Tribunal in previous proceedings.

Which sections of the Income-tax Act were involved?

Section 132,Section 153A,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘E’, NEW DELHI

Before: Sh. Kuldip SinghDr. B. R. R. Kumar

For Respondent: Ms. Pramita M. Biswas, CIT DR
Hearing: 10.12.2020Pronounced: 14.12.2020

Heard together (4 matters)

ITA No. 4575/Del/2017
ITA No. 4576/Del/2017
ITA No. 4577/Del/2017
ITA No. 4578/Del/2017

Read from the judgment's own cause title. This page is filed under one of them.

Per Bench:

1.

These four appeals have been filed by the assessee against the orders of the ld. CIT(A)-29, New Delhi, dated 11.05.2017.

2.

At the outset, it was brought to our notice that there has been a search & seizure operation u/s 132 of the Income Tax Act, 1961 carried out on 19.02.2014 and accordingly assessments for the A.Ys. 2008-09 to 2011-12 have been completed u/s 153A. During the completion of the assessment u/s 153A, the same additions have been repeated which were added during the assessment proceedings u/s 143(3). It was to 4578/Del/2017 2 Montage Enterprises Pvt. Ltd. brought to our notice by the ld. CIT (A) has also mentioned about this facts of similar additions in the orders passed u/s 143(3) and also u/s 153A. Further, it was also brought to our notice that the additions made in the order passed u/s 143(3) have already been adjudicated on merits by the order of the Tribunal in ITAs. No.5124/Del/2011, 92/Del/2012, 144, 475, 4426 & 4906/Del/2013 dated 29 06 2018. Hence, the appeals filed before the Tribunal against the orders passed u/s 153A becomes infructuous.

3.

The ld. DR has not disputed the facts.

4.

Heard the arguments of both the parties and perused the material available on record and find that the contentions of the ld. AR are accurate on facts. Hence, we hereby dismiss the appeals as infructuous.

5.

In the result, all the appeals of the assessee are dismissed. Order Pronounced in the Open Court on 14/12/2020.

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