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2017 (12) TMI 469 - AT - Income TaxValidity of reassessment proceedings u/s 148 - under invoicing of sales - Held that:- No evidence whatsoever was found from the department suggesting that assessee was indulged in any kind of under invoicing of sales for the year under consideration; secondly, assessee’s name does not found place in the documents found and seized from the possession of Shri Kamlesh Gupta; thirdly, no confrontation or documents from the possession of employee Shri Kamlesh Gupta has been found nor any cross examination of Shri Kamlesh Gupta has been done; and lastly, in the case of Shri Kamlesh Gupta it has been found that these documents pertain to him and is unrelated to the assessee and adverse inference has already been drawn there against him in the appellate order which has been stated to be final. In the light of these facts on record and in view of our finding given above the aforesaid findings of the Ld. CIT (A) on the issue of quashing the notice u/s 148 and on merits cannot be tinkered with and the same is affirmed.
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