THE COMMISSIONER OF INCOME TAX-I PUNE Vs. B.G. SHIRKE CONSTRUCTION TECHNOLOGY PVT. LTD.
LAWS(BOM)-2017-3-228
HIGH COURT OF BOMBAY
Decided on March 06,2017

The Commissioner Of Income Tax-I Pune Appellant
VERSUS
B.G. Shirke Construction Technology Pvt. Ltd. Respondents

JUDGEMENT

- (1.) Both these Appeals under Section 260-A of the Income Tax Act, 1961 (the Act) challenge the order dated 31st October, 2013 passed by the Income Tax Appellate Tribunal (the Tribunal). The common impugned order disposes of the petitioner's appeals for Assessment Years 2003-04, 2006-07, 2007-08 and 2008-09 emanating from notices under Section 153A r.w.s. 143(3) of the Act. These two appeals relate to the Assessment year 2007-08 and 2008-09 being two years in which the pending assessment proceedings had abated on issue of notice under Section 153A of the Act.
(2.) The Revenue has urged the following substantial question of law for our consideration :- (i) Whether on the facts and in the circumstances of the case and in law, the Tribunal was justified in holding that the respondent-assessee was entitled to make a claim which was not made in the return of income originally filed under Section 153A r.w.s. 143(3) of the Act before the Assessing Officer and also before the appellate Authorities under the Act ?
(3.) The respondent-assessee is engaged in the execution of construction contracts. On 18th December, 2008 there was a search and seizure action under Section 132 of the Act upon the respondent-assessee. Consequent thereto a notice under Section 153A of the Act was issued to the respondent for the assessment years 2003-04, 2006-07, 2007-08 and 2008-09. However, as the assessment for the subject assessment year 2007-08 and 2008-09 were pending before the Assessing Officer they stood abated in view of the second proviso to Section 153A(1) of the Act.;


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