Punjab & Haryana HC
reverses ITAT order, upholds CIT’s revisionary order u/s. 263 resulting in
enhancement of assessee’s income for AY 2008-09; Takes note of CIT’s
observations that AO had failed to reject books of accounts despite assessee’s
own admission that there were discrepancies in the books, as well as a huge
surrender of additional income of Rs. 2.15 cr. had been made during the survey;
Further, taking note of the drastic fall in the GP rate as well as the net
profit rate as compared to earlier years, CIT had remarked that ,“This further
indicates that the assessee has adopted a method to offset the amount
surrendered,” and that AO had simply accepted assessee’s explanations without
independent application of mind; In light of above, HC upholds CIT’s order u/s.
263 and forthwith directs Registry to forward this ruling copy to CBDT to issue
necessary instructions to all AOs in cases of survey / search and seizure
operations especially where surrender or concealment has been detected, to
ensure proper scrutiny of such cases; States that CBDT directive should require
AO “to discuss reasons for rejecting or accepting the books of account of the
assessee and not to merely record in slipshod or cursory manner that ‘the books
of account produced and test checked’ as done by the AO in the present case.”:HC
Subscribe to:
Post Comments (Atom)
ITAT Amendment Rules, 2025 – Key Procedural Changes and Practical Takeaways
The Income-tax Appellate Tribunal has recently notified the Income-tax (Appellate Tribunal) Amendment Rules, 2025, introducing important p...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
Section 68 -Cash credits Section 69 -Unexplained investments Section 69A - Unexplained money, etc Section 69B -Amount of investme...
-
In a landmark development that could have far-reaching implications for multinational groups operating in India, the Hon’ble Bombay High C...
-
An eminent concern within the GST framework pertains to the entitlement of Input Tax Credit (ITC) concerning expenditures associated with In...
-
LEASE-DEED (A brief Introduction) Lease defined. A lease of immovable property is a transfer of a right to enjoy such property, mad...
-
The taxation of transactions within a Hindu Undivided Family (HUF) is governed by specific provisions under the Income Tax Act, 1961. This...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
In the case of "Maya Gopinathan vs Anoop SB 2024 INSC 334," the Hon'ble Supreme Court provided insightful guidance on the de...
-
As per Income Tax Laws, any sum received or receivable in cash or kind under an agreement for not carrying business or profession is treat...
-
Introduction The law relating to companies is laid down in Companies Act, 2013 and the rules made thereunder and t...
No comments:
Post a Comment