|The Tax Publishers2021 TaxPub(DT) 0080 (Hyd-Trib)
INCOME TAX ACT, 1961
Where it was noticed that no notice was given in writing before making enhancement of income of assessee, in the interest of justice, matter was remanded to CIT(A) for consideration afresh.
Assessment - Difference between total receipts vis-a-vis receipts reflected in Form 26AS - AO estimated net profit @ 80% of turnover - CIT(A) enhanced income of assessee
AO noticed that there was a difference between the total receipts offered to tax by the assessee and the receipts reflected in Form-26AS. Thus, he considered the turnover as per Form-26AS as the gross receipts of the assessee and estimated the Net Profit @8% of such turnover and brought it to tax. On appeal, CIT(A) enhanced assessee's income without giving any notice in writing to assessee. Held: It was noticed that no notice was given in writing before enhancement of income of assessee. Hence, in the interest of justice, matter was remanded to CIT(A) for consideration afresh.
FAVOUR : Matter ramanded
IN THE ITAT, HYDERABAD BENCH
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