Reclassification, differential duty, confiscation and penalties quashed where department lacked chemical evidence and improperly reopened past clearan...
ITAT holds that the approving authority's mechanical approval under section 153D does not preclude substantive consideration; on facts the assessee's revised return declaring 14-15% profit is accepted because group net profit computed from seized and books material is 1.47%, substantially below declared rates and prior-year margins, hence no further addition warranted and impugned additions are deleted, allowing the assessee's cross-objection and dismissing the revenue's appeal. The CIT(A)'s rejection of AO's unsupported agricultural income estimate is upheld on documentary proof (J-forms, khasra/khatauni). Unsecured loans are treated as genuine under section 68 on furnished confirmations, PANs and ITRs; related additions are deleted and revenue's grounds dismissed.
ITAT holds that the approving authority's mechanical approval under section 153D does not preclude substantive consideration; on facts the assessee's revised return declaring 14-15% profit is accepted because group net profit computed from seized and books material is 1.47%, substantially below declared rates and prior-year margins, hence no further addition warranted and impugned additions are deleted, allowing the assessee's cross-objection and dismissing the revenue's appeal. The CIT(A)'s rejection of AO's unsupported agricultural income estimate is upheld on documentary proof (J-forms, khasra/khatauni). Unsecured loans are treated as genuine under section 68 on furnished confirmations, PANs and ITRs; related additions are deleted and revenue's grounds dismissed.
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