2024 (10) TMI 1375 - SCH - Income Tax

Validity of assessment order passed u/s 143(3) r.w.s. 144B - disallowance u/s 40(a)(ia) - no notice of an intent of the AO to reject the books of account and to make additions referable to section 40(a)(ia) - As decided by HC 2024 (5) TMI 1480 - DELHI HIGH COURT from show-cause notice, AO had in clear and unequivocal terms placed the petitioner- assessee on notice with respect to the doubts harboured by it relating to the correctness and completeness of the accounts of the assessee. AO had further observed that since the expenditure claimed is not verifiable, income was proposed to be assessed at 12 per cent. of the total disclosed revenue after rejecting the books of account. And no specific disallowance u/s 40(a)(ia) has been made nor have any additions consequentially factored in. HELD THAT - We are not inclined to interfere with the impugned judgment and, hence, the special leave petition is dismissed. We clarify that in the event the petitioner files a statutory appeal, the appellate forum, that is, the Commissioner of Income Tax (Appeals), shall examine all issue and contentions on merits without being influenced by any of the observations made by the High Court.

Summary

The Supreme Court of India dismissed the special leave petition and clarified that the Commissioner of Income Tax (Appeals) should examine all issues on merits without being influenced by any observations made by the High Court. Pending applications were disposed of.