Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (3) TMI 1105 - AT - Income TaxAssessments on percentage basis - N.P. determination - assessee has raised the additional grounds contending therein that income may be determined on project completion basis which the AO has accepted in subsequent assessment years - HELD THAT:- AO should only taxed the correct taxable income as per law and relied upon Board Circular dated 11/04/1955 in which it was emphasized that Department should not take advantage of an assessee’s ignorance to collect more tax out of him than is legitimately due from him. CIT(A) before deciding the additional grounds of appeal should have called for the remand report from the AO and before adjudicating the same should pass the order, whether, he admits the additional grounds of appeal or not and then after giving opportunity of being heard to the assessee as well as AO should decide the additional grounds on merits. CIT(A) without admitting the additional grounds of appeal and without passing any order thereon and without calling the remand report from the AO straightway dismissed the additional grounds of appeals. CIT(A) did not consider the subsequent orders passed by the AO on percentage basis. It is well settled law though principles of resjudicata do not apply to Income tax proceedings but rule of consistency do apply to the Income tax proceedings. - Appeal of assessee is allowed for statistical purposes.
|