2017 (1) TMI 1832

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..... VO without first rejecting the books of account - Whether ITAT erred in holding that the books of account has to be rejected before referring to the D.V.O. u/s 142A? - HELD THAT:- A similar question has already been decided by this Court against Revenue in M/s Sahyog Jan Kalyan Samiti, Kanpur) decided [ 2016 (9) TMI 1668 - ALLAHABAD HIGH COURT] following Supreme Court judgment in Sargam Cinema [ 2 .....

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..... 07 08, 2008 09 and 2004 05, respectively. 3. Substantial question of law formulated in these appeals reads as under: Whether the Hon ble ITAT has erred in law as well as in the facts and circumstances of the case in holding that the books of account has to be rejected before referring to the D.V.O. u/s 142A and ignoring the decision in case of Bharathi Cement Corporation Ltd. Vs. CIT 253 CTR 98 (A .....

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..... t is submitted that therein a divergent view has been taken. 6. We find that in the judgment of Andhra Pradesh High Court, judgment in Sargam Cinema Vs. Commissioner of Income Tax (supra) has been noticed in para 16 and it has been held that since it is a short judgment and facts are not very clear, therefore, same will not help the Assessee. 7. It appears that relevant facts were not brought to t .....

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