Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2019 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (11) TMI 1340 - AT - Income TaxReopening of assessment u/s 147 - addition of fright and crane charges and boki charges - HELD THAT:- AO himself did not make addition in respect of the first part of the items of reason recorded i.e. freight to M/s Haryana Concrete. The addition made by the AO on the second part of the reason recorded i.e. disallowance of crane charges and boki charges has been deleted by the Ld. CIT(A). Thus we find that no addition on account of the items of reasons recorded is in existence after the order of the Ld. CIT(A). As per the record, the Revenue is not in appeal against said deletion by the Ld. CIT(A). In the circumstances, following the decision of the Hon’ble High Court in the case of Adhunik Niryat Ispat Ltd [2012 (11) TMI 895 - DELHI HIGH COURT] and Ranbaxy Laboratories Ltd [2011 (6) TMI 4 - DELHI HIGH COURT ] the additions made on account of the items other than the items in reasons recorded , cannot survive. We direct the AO to delete the additions accordingly. The issue in dispute involved in the grounds raised by the assessee is accordingly allowed in favour of the assessee. Since we have allowed the appeal on legality of the addition made in reassessment proceedings, we are not adjudicating on merit of the additions. - Decided in favour of assessee.
|