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2016 (12) TMI 1553 - HC - Income TaxInvoking Section 142A - reference to the DVO - rejecting books of accounts stating the cost of construction of residential property in question as well as the land appurtenant thereto is not based on any incrimination material found or any infirmity being pointed out - Held that:- From the decision of the Hon'ble Supreme Court in the case of Sargam Cinema (2009 (10) TMI 569 - Supreme Court of India ) and Goodluck Automobiles Pvt. Ltd (2012 (9) TMI 157 - Gujarat High Court) and Vijaykumar D Gupta (2014 (4) TMI 860 - GUJARAT HIGH COURT ), it cannot be said that the learned Tribunal has committed any error in deleting the addition made by the Assessing Officer which was made on the basis of valuation department by the DVO as unless and until the books of account are first rejected by the Assessing Officer, the Assessing Officer is not justified in making the reference to the DVO's under Section 142 A of the Act. - Decided in favour of assessee
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