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| The Tax Publishers2020 TaxPub(DT) 0729 (Bom-HC) : (2020) 422 ITR 0071 : (2020) 313 CTR 0129 : (2020) 270 TAXMAN 0201 INCOME TAX ACT, 1961
Section 153A
In view of second proviso to section 153A(1) once assessment got abated, it was open for assessee to lodge a new claim in proceeding under section 153A(1) which was not made in regular return of income, because assessment was never made/finalised in case of the assessee.
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Search and seizure - Assessment under section 153A - Admissibility of new claim not made in regular return of income - Regular assessment abated as on date of search
AO pursuant to search conducted as assessee's premises, proceeded to frame assessment under section 153A and regular assessment proceedings pending as on date of search stood abated in the subsequent return filed by the assessee in pursuance to notice under section 153A. Assessee raised a new claim not made in regular return of income. AO held that assessee could not raise a new claim in return filed under section 153A. Held: In view of second proviso to section 153A(1) once assessment got abated, it was open for assessee to lodge a new claim in proceeding under section 153A(1) which was not made in regular return of income, because assessment was never made/finalised in case of the assessee.
REFERRED : CIT v. Continental Warehousing Corporation (Nhava Sheva) Ltd. (2015) 374 ITR 645 (Bom) : 2015 TaxPub(DT) 2182 (Bom-HC) and Dy.CIT v. Eversmile Construction Co. Pvt. Ltd. (2012) 65 DTR 39 (Mum-Trib) : 2012 TaxPub(DT) 0015 (Mum-Trib).
FAVOUR : In assessee's favour.
A.Y. : 2008-09 to 2010-11
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