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2018 (2) TMI 1208 - AT - Income TaxValidity of return - it was submitted by the assessee that the original return on 29.09.2010 in physical form was filed by him and since the subsequent return in electronic form on 26.05.2011 was not filed by him the same should be ignored. It was also submitted by the assessee that the said return was filed by somebody else with ill intention giving higher figures of sale purchase and other expenses. Held that - We find merit in this contention of the learned counsel for the assessee and since the learned DR has also not raised any objection in this regard we set aside the impugned order passed by the Ld. CIT(A) and restore the case to the file of the A.O. for making the assessment afresh in pursuance of the return of income originally filed by the assessee on 29.09.2010 as the same is the only return validly filed by the assessee for the year under consideration. A.O. shall consider the entire material available on record before completing the assessment afresh and afford proper and sufficient opportunity of being heard to the assessee.
Issues:
1. Validity of the revised return filed by the assessee electronically. 2. Assessment based on the subsequent return filed electronically. 3. Disallowance of deductions under Chapter VIA. 4. Estimation of income on a reasonable basis due to lack of maintained books of accounts. 5. Determination of additions to the total income by the Assessing Officer. 6. Appeals filed by both the assessee and revenue before the Tribunal. Issue 1: Validity of the revised return filed by the assessee electronically The original return filed by the assessee was considered belated, and the subsequent return filed electronically was treated as a revised return by the Assessing Officer. The assessee challenged the assessment based on the subsequent return, arguing that the original return was valid and the revised return was not. The Tribunal agreed with the assessee, setting aside the order and directing the Assessing Officer to reassess based on the original return. Issue 2: Assessment based on the subsequent return filed electronically The Assessing Officer completed the assessment based on the subsequent return filed electronically by the assessee. The AO made several additions to the total income, including disallowances under Chapter VIA and other expenses. The Ld. CIT(A) estimated the income on a reasonable basis due to the lack of maintained books of accounts. The Tribunal set aside the Ld. CIT(A)'s order and directed a fresh assessment based on the original return. Issue 3: Disallowance of deductions under Chapter VIA The Ld. CIT(A) disallowed the deductions claimed under Chapter VIA as the assessee failed to produce evidence to support them. The Tribunal partly allowed the appeal, deleting individual additions made by the AO but upholding the disallowance of deductions under Chapter VIA. Issue 4: Estimation of income on a reasonable basis due to lack of maintained books of accounts Since the assessee did not maintain regular books of accounts, the Ld. CIT(A) estimated the income on a reasonable basis. The Tribunal set aside the Ld. CIT(A)'s order and directed a fresh assessment based on the original return filed by the assessee. Issue 5: Determination of additions to the total income by the Assessing Officer The Assessing Officer made various additions to the total income of the assessee, including disallowances of deductions, commissions, expenses, and other charges. The Tribunal's decision to set aside the assessment for a fresh determination based on the original return nullified these additions. Issue 6: Appeals filed by both the assessee and revenue before the Tribunal Both the assessee and the revenue filed appeals before the Tribunal challenging the Ld. CIT(A)'s order. The Tribunal allowed the appeals for statistical purposes, setting aside the previous decisions and directing a fresh assessment based on the original return filed by the assessee. This comprehensive analysis of the legal judgment covers all the relevant issues and provides a detailed overview of the Tribunal's decision in each aspect of the case.
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