Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2017 (5) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (5) TMI 154 - ITAT MUMBAIValidity of rectification order - prayer for one more opportunity of being heard - The assessee has claimed that reply was duly filed before the AO in rectification proceedings u/s 154 of 1961 Act, which was brushed aside and not considered by AO before passing rectification orders dated 04-05- 2012 u/s 154 of 1961 Act. The assessee also produced detailed reply on merits before the learned CIT(A) in the appellate proceedings and requested for remanding the matter before the AO for consideration of its reply on merits, which again was not considered by learned CIT(A) on merits and order of the AO was merely confirme - Held that: - The taxes can only be collected as per authority of law and if any mistake has crept in the tax-audit report and the assessee comes forward with a bonafide reply, it is the bounden duty of the authorities to consider such reply on merits so that correct taxes can be collected from assessee. It cannot be simply brushed aside at threshold itself without considering the same on merits - the issues under this appeal need to be set aside and restored to the file of the A.O. for de novo determination of the issues on merits after considering the explanations and evidences submitted by the assessee on merits - appeal allowed by way of remand.
|