TaxTMI 
TaxTMI 
2020 (10) TMI 608
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....d 07.10.2020, neither the assessee nor his authorized representative appeared before the Tribunal on the above dates. As there is non-compliance by the assessee, we are proceeding to dispose off this appeal, after examining the materials available on record and after hearing the Ld. Departmental Representative (DR). 2. The grounds of appeal filed by the Revenue read as under : 1. On the facts and in the circumstances of the case and in law. the Ld. CIT(A) erred in holding the reassessment proceedings as invalid stating that it is a case of change of opinion ignoring the fact that the A.O. formed no opinion in the first place as is evident from the original assessment order. 2. On the fact and in the circumstances of the case and in la....
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....y Sunil Bajaj took over the affairs of the proprietary firm on 19.02.2007 on the demise of his father Shri Sunil M Bajaj. During the financial year 2007-08 the assessee had claimed deduction on account of bad debt amounting to Rs. 18,89,031/- for the sundry debtor prior to 18.02.2007 on the contention that business is continue. During the same FY assessee had paid labour charges amounting to Rs. 5,11,23,710/ but the TDS was not deducted as per section 194C. The assessee can't take two different contradictory stands for availing two different benefits one for claiming deduction of bad-debt & another for non deduction of TDS. Therefore, the provisions of chapter XVIIB are applicable to assessee's case and that as TDS was not deduct....
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....19 (Bom), Carlton Overseas P. Ltd. v. ITO (2009) 318 ITR 295 (Del) held that : "I have perused the details filed by the appellant. The AO during the original assessment proceedings had called for the details of the labour charges paid and the reasons for the non-deduction of TDS on the same. The appellant vide letter dated 11.08.2010 had submitted the details of the same. The AO had completed the assessment not making any addition of the labour charges paid. This clearly means that the AO had inquired of the details of the labour charges and once satisfied that no addition needs to be made for the same, the AO completed the assessment without making any adjustment to the total income. The issuance of the notice u/s. 148 recording th....
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.... the assessee had filed details of labour charges vide his letter dated 11.08.2010 before the AO. Further, he explained to the AO vide letter dated 25.08.2015 that the provisions of section 194C are not applicable since his gross turnover/sales does not exceed Rs. 40 lakhs in the immediately preceding financial year. In the case of Kelvinator of India Ltd. (supra), the Hon'ble Supreme Court held that after substitution of section 147 by the Direct Tax Laws (Amendment) Act, 1987, concept of 'change of opinion' must be treated as an in-built test to check abuse of power by Assessing Officer and therefore, after 01.04.1989, the Assessing Officer has power to reopen, provided there is 'tangible material' to come to conclusion that there is esc....