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2019 (4) TMI 973

against the recoveries - HELD THAT:-  We find that the Petitioner has some prima facie grounds against the order of assessment. The question would be, once the AO makes additions to the income of the Petitioner by applying formula of gross profit rate shown by the Petitioner in last few years, could the AO thereafter make further additions on individual grounds? Would such additions not to be telescoped in the gross profit rate adopted by the Assessing Officer? These are the grounds, which we are sure, the Petitioner would raise about before the Commissioner (Appeals) and the Commissioner (Appeals) would take a view in accordance with the law. Taking into account asking the Petitioner to deposit 10% of the disputed tax pending the A .....

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r 2016­17. This return was taken in scrutiny by the Assessing Officer. The Assessing Officer noticed major discrepancies in the Petitioner s books of accounts and the auditor s report furnished by the Petitioner. After putting the Petitioner to notice, the Assessing Officer rejected the Petitioner s books of accounts and proceeded to make additions to returned income. He passed the order of assessment accordingly under section 143(3) of the Income Tax Act, 1961 (for short the Act ) on 29/12/2018. Against such order of assessment, the Petitioner has filed Appeal before the Commissioner (Appeals) which is pending. Pending such Appeal, the Petitioner requested the Assessing Officer to stay the demand unconditionally. The Assessing Officer .....

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unts. 6. Learned Counsel Mr. Suresh Kumar appearing for the department opposed the Petition contending that the Assessing Officer has passed a detailed order of assessment, giving reasons for the additions made. There is no case for reducing the condition of deposit 20% imposed by the Respondents. 7. Having thus heard learned Counsel for the parties, we find that the Petitioner has some prima facie grounds against the order of assessment. The question would be, once the Assessing Officer makes additions to the income of the Petitioner by applying formula of gross profit rate shown by the Petitioner in last few years, could the Assessing Officer thereafter make further additions on individual grounds? Would such additions not to be telescope .....

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