ITO, New Delhi vs. Sh. Vishnu Goel, Delhi
In the result appeal filed by the learned assessing officer are allowed for statistical purposes
ITA 3932/DEL/2015[2005-06]Status: DisposedITAT Delhi15 Oct 2018AY 2005-06
Bench: Shri Kuldip Singh & Shri Prashant Maharishi
For Appellant: Shri Shivir Bajaj, CAFor Respondent: Shri S.S.Rana, CIT DR
Section 133Section 133ASection 271
…is charged to tax on protective basis. Though protective assessment is not specifically provided, the Supreme Court in Lalji Haridas v. ITO [1961] 43 ITR 387 had held that such assessment is not barred. This was followed in Bhatia Motor Stores v. CIT [2007] 288 ITR 31 (MP). However now the issue is whether the penalty in the case of protective addition can be levied under section 271 (1) © of the act or not. Identical issue has been considered by the Hon’ble Gujarat High Court in case of 49 taxmann.com 539 in case of Bhailal Manilal Patel V CIT where it has been held as under:- (Assessment Year: 2004-05 and…