2014 (3) TMI 1031

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2014 (3) TMI 1031

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....No. 2 is the most relevant ground for the consideration. Ground No. 2 reads as under: "The Ld. CIT(A) has erred in law and in facts in not determining the income based on the final books of account thereby confirming the manner of determination of income by the AO. The Ld. CIT(A) ought to have accepted book results shown by the appellant." 3. It is the say of the Ld. Counsel that the issues involved in this appeal are covered by the decision of the Tribunal in Harshad Mehta group of cases. The Ld. Counsel drew our attention to page-3 of the order of the Ld. CIT(A) and referring to point-B, the issue to be decided by the Ld. CIT(A). Point-B reads as under: "Whether the income ought to have been determined based on the books of accounts an....

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....vide all the details and material on which basis the addition have been made earlier. If such material is disputed by the assessee then in our view correctness of such material has to be examined as per provision of law. We are not convinced with the argument of ld.DR that assessee can collect information from parties from where Assessing Officer has obtained the copies on which basis the addition have been made. Therefore, Assessing Officer is directed to provide the copies of all information on which basis, the AO wanted to made additions in the hands of the assessee. If the AO does not provide the material then in our view addition can not be made. In view of above facts and circumstances, we set aside order of the authorities below and ....

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....hority has to strictly follow the earlier orders of the Tribunal on respective subjects. (ii) Wherever the additions are proposed on the basis of sized material or materials collected from third parties, the copies thereof need to be provided to the assessee. If requested for, the assessee must be given an opportunity to cross-examine the concerned parties. (iii) Additions should not be repeated on the basis of the presumptions and inferences. Additions must be made only on the basis of materials and evidences available on record. (iv) Books of account should not be rejected on flimsy grounds and should be acted upon. (v) The AO has to accept the request of the assessee for obtaining materials from the Custodian, Banks and Companies etc....

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2014 (3) TMI 1031