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2022 (3) TMI 24 - AT - Income TaxReopening of assessment - Unexplained cash deposits in bank account - HELD THAT:- It is the submission of the Ld. Counsel for the assessee that the assessee is a trader in milk and his returns for AYs 2011-12 and 2012-13 were accepted by the AO in the orders passed u/s. 147/143(3) wherein the AO has accepted the provisions of section 44AD in the case of the assessee. It is also his submission that in the AYs 2013-14 to 2015-16, the returns were filed by applying the provisions of section 44AD and the AO has accepted the same without disturbing the return. Thus deem it proper to restore the issue to the file of the AO with a direction to adjudicate the issue afresh in the light of the orders passed by him for AYs 2011-12 and 2012-13 wherein the AO has completed the assessment u/s. 147/143(3) of the Act. He shall also keep in mind the return filed by the assessee in the subsequent years which have been accepted by the AO. Appeal filed by the assessee is allowed for statistical purposes.
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