RAJARSHI MOTORS PVT. LTD.,AGARTALA vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE- AGARTALA , AGARTALA
Facts
A search and seizure operation was conducted on Rajarshi Motors Pvt. Ltd., during which a P&L account in Tally software was seized showing higher net profit than audited accounts. The company's MD disclosed undisclosed income during the search but did not reflect it in the ITR filed under Section 153A. The Assessing Officer made additions for undisclosed income, fund diversion, and investment due to non-compliance by the assessee, which were partly deleted by the CIT(A).
Held
The tribunal remitted the legal issue concerning the validity of the assessment proceedings under Section 153D of the Act (due to consolidated approval) back to the CIT(A) for fresh consideration. It also restored the issues on merits of the additions to the CIT(A) for re-adjudication, directing to afford reasonable opportunity of hearing to the assessee.
Key Issues
Whether the assessment orders passed under Section 153A are bad in law due to a consolidated approval under Section 153D, and the merits of additions made for undisclosed income, fund diversion, and investment.
Sections Cited
153A, 132, 132(4), 143(2), 142(1), 131, 68, 271(i)(c), 153D, 250(6)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, GUWAHATI BENCH, GUWAHATI
Before: DR.MANISH BORAD & SHRI MANOMOHAN DAS
आदेश क� �ितिलिप अ�ेिषत / Copy of the Order forwarded to : अपीलाथ� / The Appellant. 1. ��यथ� / The Respondent. 2. 3. The Pr. CIT concerned. िवभागीय �ितिनिध, आयकर अपीलीय अिधकरण, “, Guwahati” ब�च, 4. / DR, ITAT, Guwahati Bench गाड� फ़ाइल / Guard File. 5.
आदेशानुसार / BY ORDER,
// True Copy // For Assistant Registrar