TMI Blog2018 (9) TMI 74X X X X Extracts X X X X X X X X Extracts X X X X ..... with whom they had business transactions. This, it was submitted that would cause harassment and inconvenience. This would adversely impact business of the appellant/assessee. Assessing Officer has to examine factual aspects. We hope and trust that the Assessing Officer will duly take into consideration apprehensions and fears of the appellant/assessee and hold enquiry as required and necessary, as per the procedure prescribed by law. - ITA 311/2017 and ITA 708/2017 - - - Dated:- 2-8-2018 - MR. SANJIV KHANNA AND MR. CHANDER SHEKHAR JJ. Appellant Through: Mr. Salil Kapoor with Mr. Sumit Lalchandani and Ms. A. Kapoor, Advocates. Respondent Through: Mr. Zoheb Hossain, Sr. Standing Counsel with Mr. Deepak Anand, Jr. Standing Cou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6AS, equal to the amount of the receipts not confirmed by the vendors to whom notice was issued and discrepancies in the figure was confirmed. In addition, ad hoc disallowance @ 50% i.e. ₹ 23,93,44,462 was made, observing that there would be bogus vouchers from vendors to whom notices were not issued. Addition of ₹ 3,01,15,968/- on account of low Gross Profit rate was upheld. The CIT (Appeal) invoked Section 40(a)(ia) of the Act and made a new addition of ₹ 61, 99, 129/. 4. Tribunal in the impugned order dated 9th December, 2016 has referred to an earlier order dated 17th August, 2016 passed by them in relation to Assessment Year 2010-11 in the appellant-assessee s case, wherein the issue of receipt was restored to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rd. The Assessing Officer would make due verification. The Tribunal also referred to their order for the Assessment Year 2010-11, holding that the appellant-assessee was not a sub-contractor, but an agent and, therefore, Section 194C of the Act would not be attracted. 7. Before us, learned counsel for the appellant/assessee had drawn our attention and had questioned best judgment assessment order under Section 144 of the Act. We would notice the said facts and the contra assertions of the appellant-assessee and the Revenue. 8. Assessment proceedings had commenced by issue of notice on 19th September, 2012 fixing the hearing on 24th September, 2012. As per Revenue this notice was not complied with. Appellant/assessee however, states th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T (Appeals), we would observe that the Tribunal was justified in remanding the matter to the Assessing Officer on all questions which were somewhat inter connected. This was a case of best judgment-assessment which had lead to a detailed inquiry by the CIT (Appeals). Issues raised and to be decided, were pending on remand before the Assessing Officer in proceedings for other years. 10. Learned counsel for appellant-assessee submits that they are not per se objecting to remand but apprehend that the Assessing Officer would issue notice to all parties with whom they had business transactions. This, it was submitted that would cause harassment and inconvenience. This would adversely impact business of the appellant/assessee. 11. The Asse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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