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)
Section 56(2)(ix): Forfeiture of Advance Money Received – A Critical Analysis
The Dual Conditions for Taxability Section 56(2)(ix) of the Income Tax Act imposes tax liability on sums received as advance or otherwise du...
-
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...
-
Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
-
Clarifications from the GST Council The GST Council has recommended the following clarifications on ISD and cross charge:
-
The Indian tax landscape has witnessed several significant judicial pronouncements in recent months. From the Supreme Court to various Hig...
-
The Income-tax Appellate Tribunal has recently notified the Income-tax (Appellate Tribunal) Amendment Rules, 2025, introducing important p...
-
The Goods and Services Tax (GST) regime continues to evolve through judicial interpretations. From the Supreme Court to various High Court...
-
Sr No Due Date Related to Compliance to be made 1 11.07.2026 GST ...
-
In the case of "Maya Gopinathan vs Anoop SB 2024 INSC 334," the Hon'ble Supreme Court provided insightful guidance on the de...
-
For Non-Resident Indians (NRIs) planning to move back home, the relocation is only half the journey. The other half is understanding how t...
-
In a significant development, the Supreme Court has dismissed the Revenue’s Special Leave Petition (SLP) challenging a Bombay High Court (...
No comments:
Post a Comment