Case Law Details
Piyush Overseas Pvt. Limited Vs DCIT (ITAT Chandigarh)
ITAT find merit in the contention of the ld AR that where the assessment has been conducted through a virtual electronic platform, it may not be feasible to submit and upload the voluminous books of account, sale / purchase register, cash book, and other ledger account along with bills and vouchers, TDS return etc. as so desired by the AO. We find that the said contention has also not been rebutted by the Revenue. At the same time, in all fairness, the AO has the right to examine the books of accounts and the Ld AR has stated at the Bar that where so allowed, the assessee shall produce the books of accounts before the AO for necessary verification. Therefore, in the interest of justice and fair play, we set-aside the matter to the file of the AO to call for and examine books of accounts and related documentation physically and decide the matter afresh as per law. Needless to say, the assessee shall attend to the proceedings and produce books of accounts and other documents as called for by the AO.
FULL TEXT OF THE JUDGMENT/ORDER OF CHHATTISGARH HIGH COURT
This is an appeal filed by the assessee against the order of Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [in short the ‘Ld. CIT(A)’] passed u/s 250 of the Income Tax Act, 1961 (in short ‘the Act’) dated 28/10/2021 for assessment year 2018-19, wherein the assessee has taken the following grounds of appeal:
1. That under the facts, circumstances and in law, the Ld. CIT(A) has erred in confirming the action of the Assessing officer for rejection of the books of accounts of the assessee u/s 145(3) of the Act.
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