2017 (9) TMI 2030

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..... ent was finalized u/s 143(3) and survey operation u/s 133A(1) was carried out at the premises of the assessee HELD THAT:- No contention was raised before the Tribunal regarding regarding retraction therefore, after 34 months, it will not be appropriate to reverse the finding of the Tribunal. The issue is answered in favour of the assessee and against the department. - HON'BLE MR. JUSTICE K.S .....

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..... he Income Tax Act. A survey operation u/s 133A(1) was carried out at the premises of the assessee on 26.02.2008. Various discrepancies were found and the substantial excess was also found. On the basis of material available on record material gathered in survey and after considering the reply of the respondent assessee the Assessing officer passed assessment order and has made following addition:- .....

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..... ntribution to PF SIESI Funds u/s. 2(24) (X) r. w. s. 36(1) (va). 4. We have heard the learned counsel for the parties. 5. No contention was raised before the Tribunal regarding regarding retraction therefore, after 34 months, it will not be appropriate to reverse the finding of the Tribunal. 6. The issue is answered in favour of the assessee and against the department. 7. The appeal stands dismiss .....

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