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2018 (1) TMI 1672

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....ition of Rs. 64,52,847/- made by the Assessing Officer on account of typing error in the Audit Report 3CD when compared with the audited profit & loss account. 3. The facts regarding this issue are that the net profit shown by the assessee as per 3CD Audit Report is Rs. 1,77,94,019/- while as per the audited profit & loss account, it is Rs. 1,13,41,173/-. The assessee filed its return of income declaring an income of Rs. 1,13,41,173/- on 31/11/2014 as per the net profit in the profit & loss account. The assessee has taken the turnover at all the places at Rs. 35,21,51,232/- and computed the net profit in 3CD Audit Report considering such turnover and net profit of Rs. 1,77,94,019/-. In view of these facts, the assessee vide letter dated ....

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....ll as assessee reply the net profit shown as Rs. 1,77,94,019/- while as per audited P & L account it is Rs. 1,13,41,173/-. The assessee had filed its return of income for Rs. 1,13,41,170/- on 31.11.2014 as per net profit in P & L account. It is noteworthy to mentioned here that the assessee has taken turnover at all the places of Rs. 35,21,51,232/- and computed net profit u/s 3CD report considering such turn over at all the places of Rs. 35,21,51,232/- and computed net profit u/s 3CD report considering such turn over and net profit of Rs. 1,77,94,019/-. In view of the above facts, he assessee vide its office letter dated-25.11.2016 was required to explain the same and to show cause as to why the deference amount of Rs. 64.52,847/- may not b....

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....t draw any adverse view in this regard." In absence of any further communication form the Assessing Officer no further reply could be submitted. On receipt of the assessment order, a clarification as sought for from the Auditors has been received and the Auditors vide their letter dated January 13,2017 have explained the discrepancy arisen in Form No. 3CD as under: It is submitted, that in compliance to the questionnaire issued by the Assessing Officer (the books of account were produced before the Assessing Officer) and replies were also furnished Para 2 of the assessment order is as under: "2. The assessee is a Limited Company engaged in the business of manufacturing of Safety Shoes. Safety Uppers and lasted upp....

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....tment, but the same was not considered by them. The ld. A.R. of the assessee placed before us paper book running into 45 pages and he firstly drew our attention to page 7 which is the reply filed by the assessee to the notice dated 25/11/2016 of the Assessing Officer. In that letter, assessee has categorically stated in respect of turnover and net profit as Rs. 35,21,51,232/- and Rs. 1,13,41,172/- respectively while as per para 40 of 3CA Report, these are Rs. 35,21,51,232/- and Rs. 1,77,94,019/-. The assessee has also stated that they filed ITR showing the income at Rs. 1,13,41,172/-. It was an inadvertent mistake occurred while filing 3CA Report and the value of net profit for assessment is Rs. 1,13,41,172/-. The ld. A.R. of the assessee a....