Latest Expert Exchange Queries

GST Demo Service software link: https://ims.go2customer.com
Username: demouser Password: demopass
Get your inventory and invoicing software GST Ready from Binarysoft info@binarysoft.com
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing | GST - Goods and Services Tax
 
 
 
 
Popular Search: articles on VAT and GST in India :: Central Excise rule to resale the machines to a new company :: form 3cd :: VAT RATES :: empanelment :: ACCOUNTING STANDARDS :: TAX RATES - GOODS TAXABLE @ 4% :: due date for vat payment :: ARTICLES ON INPUT TAX CREDIT IN VAT :: TDS :: list of goods taxed at 4% :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: ACCOUNTING STANDARD :: VAT Audit :: cpt
 
 
From the Courts »
 Principal Commissioner Of Income Tax, Delhi-2 Vs. Best Infrastructure (India) Pvt. Ltd.
 Pr. Commissioner Of Income Tax-04 Vs. Il & Fs Energy Development Company Ltd
  GTC Industries Limited vs. ACIT (ITAT Mumbai) (Special Bench)
 Spectrum Coal & Power Ltd vs. ACIT (ITAT Mumbai)
  CIT vs. D. K. Garg (Delhi High Court)
 Pr CIT vs. Emirates Technologies Pvt Ltd (Delhi High Court)
  The Citizens Cooperative Society Ltd vs. ACIT (Supreme Court)
 K Raveendranathan Nair vs. CIT (Supreme Court)
 M/s Fiberfill Engineers Vs. Deputy Commissioner Of Income Tax
 Commissioner Of Income Tax, Del Vs. Mrs. Tara Sinha
 Unitech Wireless (Tamil Nadu) Pvt. Ltd. Vs. Principal Commissioner Of Income Tax, New Delhi & Ors.

CIT vs. Smt. Shaila Agarwal (Allahabad High Court)
December, 20th 2011

S. 153A: Assessments pending in appeal do not abate

 

For AY 2002-03, an addition of Rs. 99 lakhs was made by the AO & confirmed by the CIT (A). During the pendency of the appeal before the Tribunal, a search under s. 132 was conducted and s. 153A proceedings were initiated. The Tribunal held that in view of the s. 153A notice, the assessments of the six preceding assessment years prior to the date of searchabated and that assessments pending in appeal would stand merged in the fresh assessment to be made by the AO u/s 153A pursuant of the search. The AO was directed to reconsider the additions in the s. 153A assessment. On appeal by the department, HELD reversing the Tribunal:

 

The second proviso to s. 153A provides that assessments relating to any assessment year falling within the period of six assessment years pending on the date of initiation of the search u/s 132 shall abate. The words pending on the date of initiation of search has to be assigned simple and plain meaning. If the assessment is finalized, there are no pending proceedings to be abated. The pendency of an appeal does not mean that the assessment proceedings are pending. The word abatement refers to something, which is pending or alive and its suspension or termination. Proceedings which are complete are not liable for abatement(Circular No.7 of 2003 dated 5.9.2003 referred)

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Application Management Solutions Application Management System Application Management Software System Application Management Development Application Management Software Development

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions