2016 (6) TMI 1041

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....AR, ADVOCATE ORAL JUDGMENT (PER : HONOURABLE MR.JUSTICE KS JHAVERI) By way of this appeal, the appellant-revenue has challenged the order dated 30/12/2005 made by the ITAT in ITA No.2271/Ahd/2005 for the assessment year 2002-03, whereby the order passed by the CIT (Appeals) came to be confirmed which has reversed the order passed by the Assessing Officer. 2. The short question raised i....

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....ent year 2001-2002, the revenue has preferred Tax Appeal No.1412 of 2005 and Tax Appeal No.1413 of 2005 before this Hon'ble Court and this Court vide its judgment dated 15/12/2014 has answered in favour of the assessee and against the Department. Relevant discussion made in paragraph Nos.4.1 reads as under: "4.1 In support of his case, he relied on decision of Rajashthan High Court in Commi....

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....ked by the Assessing Officer and the Tribunal ought not to have taken a different view of the matter. In this regard, we note that the Tribunal has specifically considered the provisions of Section 145 in paragraph 7.3 of its order and after noticing the approach of the Assessing Officer it found that there was no defect or discrepancy pointed out specifically in the books of accounts maintained. ....

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....xpenses had been inflated or the sales had been suppressed and in the absence of any such material or finding given, the provisions of Section 145 (2) ought not to have been invoked. It was held that on the facts given, the Tribunal did not find sufficient justification for invoking the provisions of Section 145(2) of the Act. In our opinion, in view of the finding reached by the Tribunal that the....