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2017 (5) TMI 1319 - AT - Income TaxAddition u/s 68 - arithmetic mistake committed while uploading the amounts in the return filed for AY. 2009-10 - reopening of assessment - Held that:- We are satisfied that assessee has the capacity to advance the amounts earlier and as confirmed by the parties, assessee received the amounts on 01-04- 2008. It was a simple mistake in uploading the data, while filing the return of income for AY. 2009-10 and there is no unaccounted income which was brought to capital account. The allegations of AO are unfounded and the presumptions of the CIT(A) are equally unfounded. Being a senior officer of the department it is not expected from the CIT(A) to give wrong findings, so as to confirm the order of the AO. Since we have examined the facts, we are satisfied that there is no unaccounted income brought to capital account by assessee. Accordingly, grounds are accepted. Even though assessee contended that the proceedings are wrongly initiated, we are of the opinion that prima-facie there seems to be some discrepancy, on the basis of which AO has reopened the assessment. Be that as it may, as we are satisfied that there is no unaccounted income to be brought to tax u/s. 68 of the Act, the issue of reopening becomes academic. - Decided in favour of assessee.
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