Case Law Details
PCIT Vs Shukla Dairy Pvt. Ltd. (Gujarat High Court)
We note that during the assessment proceedings, assesses had submitted before assessing officer (AO), the cash payment register and explained each of the item of proposed addition as per show cause notice of assessing officer. The cash payment register, which is placed at paper book page nos, 22 to 27, wherein payment to the tune of Rs. 1,82,18,581/- has been explained to the assessing officer. The assessing officer, having gone through the cash payment register and explanation of each item, did not make the addition. Therefore, we note that assessing officer has examined this issue during the assessment stage and has taken a possible view and therefore, he did not make the addition. Hence, so far this issue is concerned, the order passed by the assessing officer, is neither erroneous nor prejudicial to the interest of the Revenue.”
In view of above findings of fact arrived at by the Tribunal and in view of settled legal position with regard to invoking of section 263 of the Act, 1961, we are of the opinion that there is no infirmity in the impugned order passed by the Tribunal so as to give rise to any substantial question of law much-less any question of law as proposed or otherwise.
FULL TEXT OF THE JUDGMENT/ORDER OF GUJARAT HIGH COURT
1. Revenue has filed this appeal under section 260A of the Income Tax Act, 1961 (For short “the Act, 1961”) for the assessment year 2013-2014 challenging the judgment and order dated 23.08.2021 passed by the Income Tax Appellate Tribunal, Surat Bench, Surat in I.T.A. No. 310/SRT/2018.
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