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AO cannot invoke rule 8D(2)(ii) of Income Tax Rules without examining claim made by assessee
Case Law Details
- Case Name
- Principal Commissioner of Income Tax Vs Century Enka Limited (Calcutta High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Calcutta High Court
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PCIT Vs Century Enka Limited (Calcutta High Court)
Calcutta High Court held that invocation of provisions of rule 8D(2)(ii) of the Income Tax Rules by AO without examining the accounts of the assessee and without examining the claim made by the assessee is unjustified.
Facts- The present appeal filed by the revenue under Section 260A of the Income Tax Act, 1961 is directed against the order passed by the Income Tax Appellate Tribunal, Kolkata Bench for the assessment year 2008-09.
Notably, the Tribunal after taking note of the factual position found that AO has not examined th...
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