2012 (8) TMI 1146

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....was conducted at the business premises on 02-12-2009 by the department. During the course of such survey excess stock valued at Rs. 8,18,108/- was found. Similarly an amount of Rs. 79,791/- on account of shortage of cash was also noticed. The assessee accepted both the amounts as additional income. The assessee filed return of income on 31-08-2000 declaring total income at Rs. 8,88,900/- which included the additional income declared during the course of survey. The AO in the order passed u/s.143(3) on 28-03-2003 completed the assessment determining the total income at Rs. 21,99,205/- by making the additions amounting to Rs. 12,66,085/-, the details of which are as under : Net Profit  Rs. 44,230/- Add : Additions : 1) Unreco....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ch shows that the assessment order was despatched on or before 31-03-2003. Based on the above factual matrix and relying on various decisions the learned CIT(A) came to the conclusion that the assessment order was not issued on or before 31-03-2003. He accordingly held that the order passed by the AO was bad in law and he accordingly annulled the same. Since he annulled the assessment order, he did not adjudicate the various additions on merit. 4.1 Aggrieved with such order of the CIT(A) the Revenue is in appeal before us with the following grounds : "1. On the facts and in the circumstances of the case and in law, the learned Commissioner of Income Tax (Appeals) erred in accepting the assessee's contention that as enquiries wer....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... State of Kerala (1988) 69 STC 62 (Ker.) when on facts involved the cases were inapplicable in the instant case. 5. On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in observing that u/s.153(10 of the I.T. Act, 1961 the AO was required to serve the assessment order on the assessee within stipulated time when it is actually laid down that the AO was required to make the order within the stipulated time. 6. On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in interpreting the word "made" in section 153(1) as 'authorizing the order and issuing the same' whereas various decisions of the High Courts have held that the interpretation of any Statute should....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the CIT(A), Kolhapur. The report as called for is already submitted vide this office letter No. Sli/Ward2(3)/Appeal/04-05, Dtd. 09-09-2004. Mean while the assessee has applied to this office vide its application Dtd 19-08-2004 and made request for inspection of the Computer on which the said order is prepared/ modified. The matter was referred to the CIT, Kolhapur through Addl. CIT, Range 2 Sangli and directions were sought for in this regard. The Addl. CIT-Range 2 Sangli, keeping reliance upon directions issued by the CIT, Kolhapur, vide letter No. Kop/ACIT(HQ)/1999/04-05 Dt. 28-09-2004 directed to this office by letter no. Sli/Jt. CIT/R-2/SVA/2004-05 Dt. 08-10-2004 to comply by sending further remand report to the Hon'ble CIT(A),....