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TMI Blog2019 (8) TMI 568X X X X Extracts X X X X X X X X Extracts X X X X ..... - AO determine the tax and penalty amount sans computing peak credit in the bank account - HELD THAT:- It is trite law that the AO has a legal obligation to implement the order of the ITAT strictly and such failure would result in the failure of justice. A writ of mandamus would be issued in such circumstances to the respondent AO to carry out the directions given to him by the ITAT. This view ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... B.S. BALACHANDRAN, ADV.] RESPONDENT [BY SRI E.I. SANMATHI, ADV. FOR SRI K.V.ARAVIND, ADV.] O R D E R The petitioner has assailed the order dated 26.12.2017 passed by the respondent Assessing Officer, under Section 143(3) of the Income Tax Act, 1961 ( Act for short) inter alia, seeking a direction to the respondent Assessing Officer to implement the orders o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne more opportunity to the assessee for explanation of the source of cash deposit and in any case the addition if any it should not be more than the peak credit in the bank account. 3. Pursuant to the said order of the ITAT, the Assessing Officer has passed the Assessment Order impugned herein determining the tax and penalty amount sans computing peak credit in the bank account. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... This view is fortified by the judgment of the Hon ble Apex Court in the case of Bhopal Sugar Industries Ltd., vs. Income Tax Officer, Bhopal reported in 40 ITR 618 . It is ex-facie apparent that no peak credit of the bank account has been worked out by the Assessing Officer to conclude the assessments on remand by the ITAT. 7. Hence, the order impugned at Annexure D dated 26.12.201 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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