9911796707
TMI BlogDefective drafting of the assessment orders.X X X X Extracts X X X X X X X X Extracts X X X X ..... s even additions which were otherwise fully sustainable are deleted mainly because of inherent weaknesses in the Department's case. The Tribunal being a totally independent body is not supposed to fill up the lacunae left at lower levels in the Department's case. 2. The following defects are commonly found in the assessment orders: (i) Before the ITOs resort to estimate of gross profit, sufficient justification is not given to reject the trading results as shown by the assessees. The accounts regularly maintained by the assessee can only be rejected either under proviso to Section 145(1) or under sub-section (2) thereof. In either case the ITO will have to make out a case with sufficient reasons spelt out in assessment order. Thereafter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ns appearing in their books, the Income-tax Officers do not issue the summons. The assessees make capital out of this lapse at the time of hearing of the appeal by the Tribunal. The ITOs should weigh the request of the assessee in terms of onus on whom the burden of proof lies and issue summons wherever such action is warranted. (iii) Very often, the assessees file affidavits to support their case. Sometimes these affidavits are rejected by the Income-tax Officers without examining the deponents. Rejection of the affidavits without examining the deponents is claimed to be irregular and very often the assessee's claim is allowed by the Tribunal. (iv) In some cases, particularly those which are taken up only towards the end of the time-li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction of ITOs work and the defaulting officers would be pulled up and adversely commented wherever called for. The same check should also be exercised when the adverse appellate orders are scrutinised in the Commissioner's office. 4. Further to ensure that the ITOs in their charges make proper and balanced assessments as would stand the test of appeal, the Commissioners may also enlist the assistance of the AACs. Though the confidential remarks of the AACs will not form a part of the C.C.Roll, the Commissioners should take them into consideration before recording their comments. - Circular - Trade Notice - Public Notice - Instructions - Office orders Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - T ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
