2017 (1) TMI 849

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....(Income Tax) ORDER Heard Shri Rahul Agrawal, learned counsel for the assessee and Shri Praveen Kumar, learned counsel for the department. This appeal has been filed by the assessee under Section 260A of the Income Tax Act, 1961 against the order passed by the Tribunal dated 19.07.2013 for the assessment year 2008-09. The questions of law sought to be answered are as under: ""(a) ....

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.... by the Gujarat High Court in CIT v. Berry Plastics Pvt. Ltd., (2013) 35 Taxmann.com 296 (Guj)." The CIT (A) records following findings in paragraph 6.8 of its order dated 31.08.2012, which is quoted hereunder: "After going through the above report, I find that though it is correct that books of account has not been rejected by the AO by mentioning the Section 145(3) of the Act before ....

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....has been rightly and legally made by the AO as per the provisions of Section 142A." Thereafter, the Tribunal records its finding in paragraph 10 of its order dated 19.07.2013, which is quoted hereunder: ""We have heard the ld. Representative of the parties and record perused. The first contention of the ld. Authorized Representative was that the assessee maintained regular books of acc....

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.... From a reading of the above two findings, it is clear that admittedly the account book of the assessee had not been rejected. Such being a position on facts, the question which is to be answered is whether the A.O. could have made a reference under Section 142A of the Act? This issue is no longer res integra as it has been settled by the Apex Court. The only circumstances under which a matter ....