M/S JAMMU COOPERATIVE WHOLE SALE LIMITED,JAMMU vs. INCOME TAX OFFICER WARD-2 (1), JAMMU

ITA 150/ASR/2020Status: DisposedITAT Amritsar13 June 2023AY 2005-067 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the CIT(A)'s decision that claims not made in original assessment proceedings cannot be agitated in reassessment proceedings unless related to escaped income. The Tribunal also found no error in the CIT(A)'s decision regarding the Section 40A(3) addition, directing the AO to re-examine it in light of amended provisions.

What were the facts?

The assessee filed an appeal against the CIT(A)'s order. The assessee did not appear for hearings, but the appeal was adjudicated on merits. The appeal challenged the rejection of a loss return filed in response to a Section 148 notice and a disallowance under Section 40A(3).

What were the issues?

Whether claims not made in original assessment can be raised in reassessment proceedings and whether the disallowance under Section 40A(3) was justified.

Which sections of the Income-tax Act were involved?

Section 148,Section 152,Section 40A(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, AMRITSAR BENCH, AMRITSAR

Before: DR. M. L. MEENA & SH. ANIKESH BANERJEE

For Appellant: Shri Nakul Aggarwal, Sr. DR
Hearing: 07/06/2023Pronounced: 13/06/2023

Per Dr. M. L. Meena, AM: This is an appeal filed by the Assessee against the order of the Ld. CIT(A)/NFAC, Delhi dtd. 12/08/2020, wherein the assessee has raised the following grounds: 1.That the order under appeal is against law and facts of the case.

2.

That the Ld. CIT(A) has erred in law in not accepting that the Ld. AO erred in law in not accepting the loss return filed in reply to notice issued Under Section 148 of the I.T. Act.

3.

That the Ld. CIT(A) has also erred in law in not accepting that in view of Section 152 of the I.T. Act the Ld. A.O erred in not dropping the proceeding started U/s 148. 4. That the Ld. CIT(A) has also erred in law in not accepting that the additi

The order continues below.

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