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2011 (3) TMI 1243 - AT - Income TaxLoan creditors and the commission claimed in the Profit and Loss Account disallowed - no reply to SCN - application for admission of additional evidence by assessee to CIT(A) accepted - Held that:- In the present case the CIT(A), with respect, seems to have overlooked that the assessee had taken the plea that whatever books of account were produced before the Assessing Officer and whatever Balance Sheet and Profit and Loss Account were filed before him were all wrong - Assessing Officer has recorded in the assessment order that the assessee did not bother to reply to the show cause notice issued by him - If at all the assessee wanted to say that the books of accounts on the basis of which the return was filed were not correctly written, there was an opportunity given to him by the Assessing Officer to go before him and explain the same and file revised accounts before the Assessing Officer himself, which could have been examined by him before the assessment order was passed. This aspect seems to have been overlooked by the CIT(A) and this was quite a strong impediment which the assessee was obliged to explain before the CIT(A) while seeking admission of the additional evidence - Appeals of revenue allowed by way of remand.
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