TMI Blog2016 (6) TMI 1041X X X X Extracts X X X X X X X X Extracts X X X X ..... of Section 145(2) could not be invoked. - Decided in favour of assessee - TAX APPEAL NO. 1398 of 2007 - - - Dated:- 22-6-2016 - MR. KS JHAVERI AND MR. G.R.UDHWANI, JJ. FOR THE APPELLANT : MRS MAUNA M BHATT, ADVOCATE FOR THE OPPONENT : MRS SWATI SOPARKAR, ADVOCATE ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE KS JHAVERI) By way of this appeal, the appellant-revenue has challenged the order dated 30/12/2005 made by the ITAT in ITA No.2271/Ahd/2005 for the assessment year 2002-03, whereby the order passed by the CIT (Appeals) came to be confirmed which has reversed the order passed by the Assessing Officer. 2. The short question raised in this appeal is against the deletion of addition of ₹ 2,78,74,400/- made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation of the Tribunal that books of account were wrongly rejected is required to be accepted, in view of decision of this Court. Relevant portion of the decision of this Court in Vikram Plastics ( supra ) is extracted hereunder: Learned Counsel appearing for the applicants has taken us through the relevant material on record. It was contended by him that the provisions of Section 145(2) of the said Act were rightly invoked by the Assessing Officer and the Tribunal ought not to have taken a different view of the matter. In this regard, we note that the Tribunal has specifically considered the provisions of Section 145 in paragraph 7.3 of its order and after noticing the approach of the Assessing Officer it found that there was no defec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rchases or expenses were inflated or sales suppressed and also in view of the finding that this was not a case that there was no method of regular accounting employed, the Tribunal was fully justified in coming to the conclusion that the provisions of Section 145(2) could not be invoked. This conclusion is based on findings of fact and raises no question of law. 3. In light of the aforesaid legal position when the earlier view adopted by the Tribunal came to be confirmed by this Court, identical issue raised in this appeal for the subsequent assessment year for the same assessee is required to be answered in favour of the assesee and against the Department. Accordingly, ordered. The appeal is dismissed. - - TaxTMI - TMITax - Inco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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