Case Law Details
Hema Raman Vs PCIT (ITAT Delhi)
ITAT Delhi held that plausible approach adopted by AO cannot be labeled as erroneous. Hence, revisionary order under section 263 of the Income Tax Act is unsustainable in law.
Facts- The assessee is an individual and is deriving income from business of healthcare service and trading in medicine etc.
The survey operation u/s. 133A of the Act was carried out on the business premises of the assessee wherein the assessee admitted undisclosed income of Rs.40 lakh and surrendered the same as normal business income in her ITR. Thereafter, the case of the assessee was subjected to compulsory scrutiny as per the guidelines issued by CBDT.
The notices under S. 143(2) and 142(1) were sent online through online and requisite information and evidences were collected by AO. The AO inter alia took note of the additional income included by the assessee in its e-return of income and accepted the e-return without any adjustment while framing the e-assessment order u/s. 143(3) dated 20.12.2019 after making a brief reference to factum of survey and inclusion of additional income of Rs. 40 Lakhs in the ROI.
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