Additions on the ground of Bogus sundry creditors - since for ...

AO Misapplies Section 68: Presumptive Taxpayer's Sundry Creditors Challenged Without Examining Books; Arbitrary Additions Unjustified.

March 25, 2022

Case Laws     Income Tax     AT

Additions on the ground of Bogus sundry creditors - since for the earlier years, assessee had opted for presumptive taxation under section 44D of the Act and therefore, he was not statutorily required to maintain any books of account but, mere non-maintenance of books of account for earlier years cannot, ipso facto, result into non-acceptance of claim of the appellant as regard to existence of the opening balance of creditors. The provisions of section 68, although not invoked properly by the AO without examining any books of account, also require the AO to examine each and every credit entry independently and any ad-hoc lump-sum addition, by taking a certain percentage of the total creditors, is neither warranted nor permissible- AT

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