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2015 (9) TMI 537 - ITAT COCHINSuppression of sales - CIT(A) deleted the addition - Held that:- This Tribunal is of the considered opinion that Commissioner of Income-tax(A) is not justified in deleting the addition for the assessment years 2002-03 to 2007-08. However, the statement recorded from the cashier and other persons and the material collected by the Commercial Tax Department needs to be examined after giving an opportunity to the taxpayer. The taxpayer had no occasion to respond to the material collected by the sales-tax department during their inspection on 24-02-2006. It is also pertinent to note that the impugned assessment proceeding was initiated u/s 153A of the Act. In proceedings u/s 153A, the assessing officer can take into account all the evidences / materials including materials found during the course of search operation. Therefore, in all fairness, this Tribunal is of the considered opinion that one more opportunity shall be given to the taxpayer to present his case before the assessing officer. - Decided in favour of revenue for statistical purpose. Suppression of sales - For assessment year 2008-09 the Commissioner of Income-tax(A) confirmed the addition - Held that:- The decision that may be taken for the assessment years 2002-03 to 2007-08 may have its impact for the assessment year 2008-09 also. Therefore, for the sake of consistency and to have comprehensive adjudication, this Tribunal is of the considered opinion that the issue for the assessment year 2008-09 also needs to be considered. Accordingly, the orders of the lower authorities for assessment year 2008-09 are also set aside and the issue of suppressed sales turnover and profit is remitted back to the file of the assessing officer. The assessing officer shall decide the issue afresh in line with the direction issued for the assessment years 2002-03 to 2007-08 after providing opportunity of hearing to the taxpayer.- Decided in favour of assessee for statistical purpose. Addition with regard to the credit received from George Joseph - Held that:- This Tribunal finds that giving one more opportunity to the taxpayer to prove the identity of the creditor, genuineness of the credit and capacity of the creditor may not prejudice the interest of the revenue. In respect of suppression of sales for all the assessment years the matter was remitted back to the file of the assessing officer. Therefore, for the sake of consistency, this addition also needs to be reconsidered after giving reasonable opportunity to the taxpayer,The assessing officer shall examine the issue afresh and thereafter decide the issue in accordance with law after giving reasonable opportunity to the taxpayer. - Decided in favour of assessee for statistical purpose.
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