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M/S. Vaishno Electricals Pvt. … vs Acit, Meerut on 23 April, 2018

Both the appeals by Assessee are directed against the

different orders of the Ld. CIT(A), Meerut, dated 16th February,

2016, for the A.Y. 2008-2009.

2. Briefly, the facts of the case are that in this case

assessment was completed under section 143(3) on 13th
2
ITA.No.1862 & 1771/Del./2016
M/s. Vaishno Electricals Pvt. Ltd., Meerut.

December, 2010, on a total income of Rs.1,36,810/- as against

the returned income of Rs.1,11,810/-. The Ld. CIT, Meerut,

invoked the jurisdiction under section 263 of the I.T. Act and

vide order dated 28th March, 2013, partly revised the partly set

aside the assessment order with certain directions. The A.O. in

view of directions of the Ld. CIT, Meerut under section 263 of

the I.T. Act, took-up the matter again and statutory notices were

issued but not complied. Further, specific questionnaire were

sent to the assessee which were also not complied with. Last

opportunity was also given to the assessee to furnish the

required details but no compliance have been made.

2.1. As regards the difference of Rs.6,21,295/- in the P &

L A/c with reference to the TDS certificate of the assessee, the

Ld. CIT, Meerut, directed to verify the actual quantum of

difference in receipt and separately consider the allowability of

expenditure, if any, against the same after affording proper

opportunity to the assessee. No submissions have been made

by the assessee. In the absence of any explanation from the
3
ITA.No.1862 & 1771/Del./2016
M/s. Vaishno Electricals Pvt. Ltd., Meerut.

assessee, A.O. made addition of Rs.6,21,295/- and computed

the total income of Rs.23,69,560/- vide order dated 07th March,

2014 under section 263/143(3) of the I.T. Act. Later on, A.O.

noticed that while passing the order dated 07th March, 2014,

addition of Rs.6,21,295/- was left to be included in the

computation of income. It was a mistake apparent on record.

Therefore, notice under section 154 of the I.T. Act was issued to

the assessee for compliance, but, no reply or submissions have

been filed by the assessee. The A.O. accordingly added an

amount of Rs.6,21,295/- in the order dated 07th March, 2014

and computed the total income at Rs.29,90,855/-. The assessee

challenged both the above orders dated 07th March, 2014 under

section 263/143(3) and 154 dated 26th June, 2014 before Ld.

CIT(A) separately.

Source: IK



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M/S. Vaishno Electricals Pvt. … vs Acit, Meerut on 23 April, 2018

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