TaxTMI 
TaxTMI 
2025 (4) TMI 2052
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....ssed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as "the Act") for AY 2013-14. 2. Shri P. K. Mishra, Advocate represented on behalf of the assessee and Shri S. C. Mohanty, Sr. DR appeared on behalf of the revenue. 3. It was submitted by the Ld. AR that the assessee filed his return of income on 16.06.2014 declaring total income of Rs. 9,61,590/-. Assessee is a dealer of vegetables and green leaves on commission basis. It was the submission that the assessee has also earned commission income to an extent of Rs. 23,82,650/-. It was the submission that the assessee had filed his return of income originally by applying the provisions of section 44AD of the Act. The return filed by the assessee had been processed and the a....
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....s the submission that the reopening was done to assess the commission income under the right head. It was the submission that the Assessing Officer in the original assessment has not treated the commission business income of the assessee as liable to be taxed at 10%. It was the submission that the reopening is liable to be upheld. He relied on the decision of the Hon'ble Supreme Court in the case of ITO Vs. Techspan India 92 taxmann.com 361 (SC). 6. We have considered the rival submission and the material available on record and the case law relied on by the Ld. CIT, DR in the case of Techspan India (supra), which is in favour of the assessee in so far as in the original assessment order, the Assessing Officer has considered the total bu....
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.... : Income Tax Officer, Phulbani Ward, Phulbani. having jurisdiction over the assessee. The assessee is trading in vegetables and green leaves, earning income from commission from M/s Jai Santoshimaa Enterprises. The assessee has also disclose: income from house property as well as interest & remuneration from M/s. Srima: Narayan Associates and M/s. S.S. Power. Return of income was filed by the assesse: electronically on 16-06-2014 disclosing total income of Rs. 9,61,590/- which was dull processed u/s. 143(1) on 30-10-2014. Subsequently, the case was picked up for scrutini under CASS and scrutiny assessment was completed on 03-02-2016 on total income c Rs. 11,67,080/ -. 2. During the scrutiny proceedings, the following addi....