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2022 (8) TMI 1024 - AT - Income TaxValidity of rectification order passed u/s. 154 - GP Estimation - HELD THAT:- It is noticed that the Ld. CIT(A), Vijayawada while passing the original order dated 10/08/2018 has considered the decision of the Hon’ble ITAT [2018 (7) TMI 872 - ITAT VISAKHAPATNAM] by allowing the estimation of gross profit @ 15% of the turnover for the AY 2007-08. Since the facts are similar for the AY 2009-10, we find that the rectification order passed u/s. 154 of the Act by the Ld. CIT(A), Vijayawada did not have legs to stand. Therefore, we are of the considered view that the rectification order passed by the Ld. CIT(A) dated 26/07/2019 deserves to be set-aside the original order of the Ld. CIT(A), Vijayawada dated 10/08/2018 be restored and the appeal of the assessee is hereby allowed. It is ordered accordingly. Appeal of assessee allowed.
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