The Tax Publishers2021 TaxPub(DT) 0799 (Bang-Trib)

INCOME TAX ACT, 1961

Section 147, Second proviso

Since issue of deduction under section 36(1)(viia) was subject-matter of appeal before CIT(A), therefore, it was no longer amenable to reassessment proceedings under section 147 by virtue of second proviso to section 147.

Reassessment - Validity - Concerned issue being subject-matter of appeal before CIT(A) -

AO reopened assessment so as to disallow excess deduction claimed on account of provision for bad and doubtful debts in respect of rural advances, under section 36(1)(viia). Assessee contended that issue of deduction under section 36(1)(viia) was subject-matter of appeal before CIT(A).Held: Since issue of deduction under section 36(1)(viia) was subject-matter of appeal before CIT(A), therefore, it was no longer amenable to reassessment proceedings under section 147 by virtue of second proviso to section 147.

Applied:Asstt. CIT v. BSES Ltd. & Ors. 2011 (9) TMI 135 (Mum-Trib). Relied:Reliance Energy Ltd., v. Dy. CIT (2010) 40 SOT 314 (Mum-Trib) : 2010 TaxPub(DT) 1938 (Mum-Trib).

REFERRED :

FAVOUR : In assessee's favour.

A.Y. : 2008-09



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