2025 (5) TMI 757

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....Megha Agarwal, Adv. ..for the appellant Mr. Prithu Dudhoria, Adv. ...for the respondent ORDER The Court : This appeal filed by the assessee under Section 260A of the Income Tax Act, 1961 (in short, the Act) is directed against the order dated October 8, 2024 passed by the Income Tax Appellate Tribunal, C-Bench, Kolkata (in short, the Tribunal) in ITA/475/Kol/2024 for the assessment year 2....

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....stained on the pretext that the same was offered by the appellant even though when the same was done under protest in view of erroneous rejection of books of accounts which rejected was held to be not tenable in law by the Ld. CIT(A) as well as the Learned Income Tax Appellate Tribunal? (c) Whether the non-compliance to notices under section 133(6) of the Act by some of the sundry credito....

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....tices issued under Section 133(6) the assessee referred to the net profit for three financial years, namely, 2011-12, 2010-11 and 2009-10 and computed the average at 0.77%. According to the assessee, this offer was made under protest before the assessing officer. The appellate authority considered the matter and held that the rejection of the books of accounts by the assessing officer on account o....

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.... preferred an appeal before the learned Tribunal which has been dismissed. The learned advocate for the appellant/assessee reiterated the submissions made before the learned Tribunal and submitted that the average net profit for the three financial years was offered during the assessment proceedings under protest and that should not have been the basis of the appellate authority to fix the same....