Ravindra Pratap Thareja v. ITO

154 ITD 633Income Tax Appellate Tribunal2015#16813 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2025.

Judgments citing Ravindra Pratap Thareja v. ITO

M/S. Royal Tech Enterprises, Meerut vs. ACIT, Meerut

In the result, the appeal is partly allowed for statistical purposes

ITA 1708/DEL/2013[2007-08]Status: DisposedITAT Delhi30 Oct 2015AY 2007-08

Bench: Shri Inturi Rama Rao & Ms. Suchitra Kambleassessment Year: 2007-08 M/S Royal Tech Enterprises, Vs. Acit, Circle-2, Meerut J-127, Pandav Nagar, Meerut (Pan: Aajfr1410L) (Appellant) (Respondent) Appellant By : Sh. V.K. Goel, Adv. Respondent By : Smt. Anjula Jain, Sr. Dr Date Of Hearing: 29.10.2015 Date Of Pronouncement: 30.10.2015 Order Per Inturi Rama Rao, A.M.: The Present Appeal Filed By The Assessee Company Is Directed Against The Order Of Ld. Cit(A), Dated 15.03.2013 Passed For The Assessment Year 2007-08. The Assessee Raised The Following Grounds Of Appeal: I. That Ld. A.O. As Well As Ld. Cit(A) Is In Error That Difference Of Contract Receipt Can Be Added In The Total Income Directly & Ignore Written Reply Filed By The Assessee, In Which Difference Is Explained By The Assessee Instead Of Addition At The Gross Profit Rate Or Net Profit Rate Addition Of Contractual Receipt Is Bad In Law. Ii. That Ld. A.O. As Well As Ld. Cit(A) Is In Error Ignoring The Fact That The Assessee Has Shown Advance Of Rs. 25,46,599/- Duly Reflected In Balance Sheet Of That Year Cannot Be Assess Tax In The Year Consideration, When Account Of The Was Made In Mercantile Basis. Therefore, Addition Made By The A.O. & Confirmed By The Cit(A) Is Bad In Law. Iii. That The Ld. Cit(A) Ignore The Fact That Books Of A/C & Other Documents Was Destroyed By The Fire. Hence, The Assessee Was Unable To Produce Books Of Account Before Cit(A), Meerut. Hence, No Adverse View Can Be Taken.

For Appellant: Sh. V.K. Goel, AdvFor Respondent: Smt. Anjula Jain, Sr. DR
Section 143(3)

…information contained in Form No. 26AS cannot be itself the basis for making addition to the income 3 Assessment Year: 2007-08 returned. To the same effect, the decision of a coordinate bench of ITAT, Jabalpur, in the case of Ravindra Pratap Thareja Vs. ITO, 154 ITD 633. 6. We do not find any reason to differ from the reasoning given by the coordinate benches in the cases cited supra. The Assessing Officer is duty-bound to make independent inquiry as to whether income has accrued to the assessee company as per the method of accounting regularly being followed by the assessee in respect of the transactions report…

Ravindra Pratap Thareja v. ITO (154 ITD 633) — Cited in 5 Judgments | BharatTax