2025 (6) TMI 1904

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... Respondent : Smt.Leena Lal, Senior AR ORDER PER GEORGE GEORGE K, VICE-PRESIDENT : This appeal at the instance of the assessee is directed against the Addl. / Joint Commissioner of Income-tax (Appeals)'s [hereinafter "the JCIT(A)"] order dated 19.04.2024 passed u/s.250 of the Income-tax Act, 1961 [hereinafter "the Act"). The relevant assessment year is 2017-2018. 2. The grounds raised ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....or treatment as income of the appellant. This is clearly infirm in law and unjustified and unwarranted. 4. The appellant craves leave to add, alter, modify or amend any of the above grounds of appeal at the time of hearing of the appeal 5. For the above and other reasons to be urged at the time of hearing of the appeal, it is prayed that the Hon'ble ITAT may kindly be pleased....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... The JCIT(A) held that the assessee had filed the return of income in ITR 4 wrongly and declared income on presumptive taxation u/s.44AD of the Act. It was held by the JCIT(A) that the total turnover / gross receipts of the assessee during the relevant assessment year exceeded Rs. 2 crore, hence, the presumptive provision u/s.44AD of the Act does not have application. Further, The JCIT(A) held tha....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... tax. 6. The learned Departmental Representative supported the order of the JCIT. 7. We have heard rival submissions and perused the material on record. The assessee had filed his return of income wrongly in ITR 4, which is applicable for the persons declaring income on presumptive basis u/s.44AD of the Act. Admittedly, the assessee's turnover exceeds Rs. 2 crore, hence, the provisions of pr....