TMI Blog2019 (4) TMI 1170X X X X Extracts X X X X X X X X Extracts X X X X ..... ) TMI 5 - SUPREME COURT] , while computing the assessee's book profit under the MAT provision, the Assessing Officer cannot tinker with books of accounts duly audited. Secondly, that the Assessing Officer having carried out inquiries with respect to the genuineness of the donation, the Commissioner could not have exercised revisional powers. Quite apart from these observations of the Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... COME TAX APPEAL NO.1669 OF 2016 - - - Dated:- 28-1-2019 - AKIL KURESHI And SANDEEP K. SHINDE, JJ. Mr. Tejveer Singh for the Appellant. Mr. Atul Jasani for the Respondent. ORDER P.C.: 1. Revenue has filed this appeal against the judgment of the Income Tax Appellate Tribunal dated 2nd December, 2015, rais ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed as correct but also of such donation which has not been paid in the relevant year and no material has been brought on record to show that it has been paid in any subsequent year? 3. Respondent assessee is a limited company. In the return of the income filed for the assessment year 2010 11, the assessee had claimed benefit of donation of ₹ 12.75 crores. The Assessing Offic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to allow the appeal principally on two grounds. Firstly, that by virtue of the judgment of Supreme Court in case of Apollo Tyres Ltd. Vs. Commissioner of Income Tax 255 ITR 273, while computing the assessee's book profit under the MAT provision, the Assessing Officer cannot tinker with books of accounts duly audited. Secondly, that the Assessing Officer having carried out inquiries with res ..... X X X X Extracts X X X X X X X X Extracts X X X X
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