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2012 (8) TMI 67 - ITAT, AHMEDABADConfirming he assessment order u/s.144 by CIT(A) - Decline in Gross Profit rate in comparison to the ratio of profit disclosed in the past - Held that:- As the assessee is not a habitual defaulter because the admitted factual position is that the accounts have been duly audited and thereupon a return has also been filed within the prescribed period - the AO has admitted that the notices were complied with and representative of the assessee as well as one of the Director of the assessee attended the assessment proceedings - inability of AO to allow assessee to present his case on many occasions informed of the assessment having been finalized ex-parte u/s.144 - the assessee deserves reasonable opportunity of being heard - case is remitted back to AO - in favour of assessee for statistical purposes.
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