CIT v. Smt. Poonam Rani

326 ITR 223High Court2010#1678 most cited

What is CIT v. Smt. Poonam Rani authority for?

The books of account cannot be rejected under Section 145(3) of the Income-tax Act, 1961, without the Assessing Officer pointing out specific material defects. A mere fall in the Gross Profit rate or the non-maintenance of a stock register, by itself, is not a sufficient ground for rejection if complete and quantitative details are furnished.

68

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2026.

Also referred to as

CIT v. Smt. Poonam Rani · 326 ITR 223 · Section 145(3) · rejection of books of account · material defects · non-maintenance of stock register · fall in Gross Profit rate · quantitative details · Delhi High Court

Issues it is cited on

Judgments citing CIT v. Smt. Poonam Rani

Umapati Synthetics Pvt. Ltd., Surat vs. The Income Tax Officer, Ward-4(4) ( New Ward-2(1)(4)), Surat

In the result,appeal of the assessee is partly allowed

ITA 493/AHD/2016[2009-10]Status: DisposedITAT Surat22 Aug 2018AY 2009-10

Bench: Shri C.M.Garg & Shri O.P.Meenaआयकरअपीलसं. / Ita No.493/Ahd/2016/Srt "नधा"रणवष"/ Assessment Year: 2009-10 Umapati Synthetics Pvt. Ltd., Vs. Income Tax Officer, 302-A, Centre Point, Ward-4(4), 3Rd Floor,Ring Road, (New Ward-2(1)(4)) Surat. Surat. [Pan: Aaacu 6139P] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ"क"ओरसे/ Assessee By : Shri Ramesh Kumar Malpani, C.A ""यथ"क"ओरसे /Revenue By : Shri J.K. Chandnani, Sr. D.R सुनवाईक"तार"ख/Date Of Hearing : 05-06-2018 घोषणाक"तार"ख /Date Of Pronouncement : 23-08-2018

For Appellant: Shri Ramesh Kumar MalpaniFor Respondent: Shri J.K. Chandnani, Sr. D.R
Section 145(3)Section 234BSection 234C

…ance of day to day stock register is not a valid ground to reject books of accounts. Further, this view was also taken by Hon'ble High Court of Delhi in the 8 ITA No.493/Ahd/2016/SRT (A.Y: 2009-10) M/s. Umapati Synthetics Pvt. Ltd. case of CIT vs. Poonam Rani 326 ITR 223 (Del.), wherein it was held that if stock register is not maintained by the assessee that may put AO on guide against falsity of return made by the assessee and to scrutinize books of accounts carefully but in absence of one register alone does not amount to such a material as would lead to a conclusion that account books were incomplete or inacc…