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2022 (12) TMI 578 - ITAT KOLKATAReopening of assessment u/s 147 - income element on account of refund of empty bottles - HELD THAT:- It is an undisputed fact that assessee has duly reported the net amount as miscellaneous receipt in its P&L Account and offered the same for taxation in its return of income. It is also noted that the Excise Department of Govt. of West Bengal had issued an order wherein it is stated that “the refundable price of empty bottles in which country spirit of different quantities is supplied in capsule and labelled bottles shall be as follows throughout the State”. Evidently, ld. Counsel has demonstrated from the ledger account of miscellaneous receipt that there is no suppression of reporting of any income element on account of refund of empty bottles which formed the basis for the reassessment. Considering the facts on record, and the statutory requirement under the order of Excise Department, Govt. of West Bengal referred above, we hold that the addition made by the Ld. AO is to be deleted. Accordingly, ground taken by the assessee is allowed.
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