Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding


  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2018 (7) TMI 1997

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ccount. No substantial question of law. Computation of taxable income - Tribunal justification in upholding the orders of the CIT(A), restricting the disallowance of ₹ 16 lakhs to ₹ 3 lakhs when the Assessee itself had disallowed the same in its computation - HELD THAT:- As Respondent states that Respondent itself had disallowed the sum of ₹ 16 Lakhs while computing its total taxable income. Therefore, the CIT (Appeals) as well as the Tribunal restricting the disallowance to ₹ 3 Lakhs is contrary to the facts on record. Substantial question at Sr.No.(b) above has to be answered in the negative, i.e., in favour of the Appellant Revenue and against the Respondent Assessee. - INCOME TAX APPEAL NO. 52 OF 2016 - - .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... g Officer to reject the books of account. In fact, the Assessing Officer does not question the correctness/completeness of the account before rejecting the accounts. (ii) Moreover, as the CIT(A) as well as the Tribunal have further recorded that the Assessing Officer could not point out any defect in the books of account produced before him and he completely ignored the fact that the account had been duly audited. Thus, both the authorities have on facts come to the conclusion that there was no basis to reject the books of account. (iii) Mr. Pinto, learned Counsel for the Revenue submits that inspite of repeated requests, the Assessee did not respond to the queries of the Assessing Officer. This, therefore, led to the re .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Appellant will give to the other side a copy of the computation of income its seek to rely upon before the next date. 2 Today, when the matter is called out, Mr. Pinto the learned counsel for the AppellantRevenue seeks time on the ground that he has not yet received the information from the Assessing Officer. At this Mr. Dalal the learned counsel appearing for the RespondentAssessee states that the Respondent has itself added back amount of ₹ 16 Lakhs while computing taxable income. In support he also tenders a copy of the computation of Income filed along with the return of income. 3 In the above view, Appeal is admitted on the substantial question of law at Sr.No.(b) above as indicated in our order dated 25.6.2 .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates