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)
Recent Landmark GST Judgments: A Comprehensive Overview
The Goods and Services Tax (GST) regime continues to evolve through judicial interpretations. From the Supreme Court to various High Court...
-
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...
-
In a significant development, the Supreme Court has dismissed the Revenue’s Special Leave Petition (SLP) challenging a Bombay High Court (...
-
Sr No Due Date Related to Compliance to be made 1. 11.06.2026 GST ...
-
The introduction of the Goods and Services Tax Appellate Tribunal (GSTAT) has brought significant changes to the pre-deposit framework for...
-
Selling a property can trigger a significant tax liability in the form of capital gains tax. However, the Income-tax Act, 1961, allows you...
-
With the government making Aadhaar Card ( unique identification card ) mandatory in procuring LPG connections, issuing passports, sale or...
-
This is to update you on procedure prescribed by the Office of the Development Commissioner, Karnataka Sub Zone (the “Office”) to be foll...
-
Introduction Employee welfare is a cornerstone of corporate responsibility, and gratuity forms a critical part of the social security benefi...
-
MARRIAGE EXPENSES - POWERS OF I.T. AUTHORITIES In the recent past the Income Tax Department has been concentrating on collecting informat...
-
The provision of a corporate guarantee, where one company pledges to cover the financial obligations of another (often a subsidiary or affil...
No comments:
Post a Comment