9911796707
TMI Blog2023 (3) TMI 414X X X X Extracts X X X X X X X X Extracts X X X X ..... t Through: Mr Sanjay Kumar, Sr. Standing Counsel with Ms Hemlata Rawat, Adv. RAJIV SHAKDHER, J.: (ORAL) 1. Issue notice. 1.1 Mr Sanjay Kumar accepts notice on behalf of the respondent/revenue. 2. In view of the directions that we propose to pass, Mr Kumar says that no counter-affidavit is required to be filed at this stage. 3. Accordingly, the writ petition is taken up for hearing and final ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat as on 31.03.2016, the statutory liabilities of the petitioner were pegged at Rs. 8,51,65,846/- which stood enhanced to Rs. 11,64,73,919/- on 31.03.2017. Based on the difference between these two figures, which is Rs. 3,13,08,073/-, the respondent/revenue allege, that income to that extent has escaped assessment. 8. We have, on record, the reply dated 23.11.2019 filed by the petitioner in resp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ry liability stood liquidated, as has been noticed. However, after having noticed the response of the petitioner, the Assessing Officer (AO) reached a conclusion, without dealing with the defense raised by the petitioner. 12. For the sake of convenience, paragraph 8 of the said order, and the conclusion reached by the AO in the said paragraph are extracted hereinafter: "8. The assessee further ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has been deducted which was payable as on 31.03.17 as above, were not claimed an expenses in the P&L Account but were shown under the head "work in progress" which were subsequently capitalized. 9. It is observed that the assessee has not fully paid the statutory liabilities which are accumulating in the balance sheet. The same has to be considered as part of receipts if they are not paid by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 15. The AO will carry out a de novo exercise. The AO will also accord a personal hearing to the authorized representative of the petitioner. For this purpose, the AO will issue a notice, which will set forth the date and time of the hearing. 16. The writ petition is disposed of in the aforesaid terms. 17. Needless to add, the observations made hereinabove will not impact the merits of the mat ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
