TaxTMI 
TaxTMI 
2026 (9) TMI 1628
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.... 1961 dated 26.03.2025 as well as the notice u/s 148 and proceedings u/s 147/148 are illegal, bad in law, barred by limitation, without jurisdiction, without approval/satisfaction from the proper or competent authority, against the principle of natural justice and various other reasons or and further contrary to the real facts of the case hence the same may kindly be quashed. 2. The Id. CIT(A) has grossly erred in law as well as on the facts of the case in passing the Ex-party order without providing the adequate and reasonable opportunity of being heard to the assessee and without considering the material and details in gross breach of law and are bad in law, invalid, illegal and on facts of the case, and hence the same may kindly....
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.... natural justice the same may kindly be deleted in full. 4. The Id. AO has also grossly erred in law as well as on the facts of the case in invoking the provisions of sec. sec. 115BBE for taking the income at higher rate of tax, while neither the Sec. 115BBE nor Sec. 69C are applicable in the present case or additions being the business income, also erred in not giving any show cause notice before invoking the provisions of Sec. 115BBE. Hence the provisions so invoked is in gross breach of law and illegal, invalid, void-ab-intio and hence the liable to be deleted in full. 5. The Id. AO has grossly erred in law as well as on the facts of the case in charging the interest u/s 234A, B,C. The interest so charged is being total....
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....e made sale of tyres of Rs. 15,21,700/- to Hari Ram Godara, payment for which was received by banking cheque however, the ledger further reflected that a sum of Rs. 14,76,045/- was returned in cash by the assessee and Rs. 45,655/- retained by the assessee as commission. 5. The AO interpreted notes the information to reveal that the assessee had provided accommodation entry of purchase of tyres to Sh. Hari Ram Godara, that actually no tyres had been sold by the assessee to Sh. Hari Ram Godara but had only raised bogus bills, had received payment by cheques against the same which was subsequently returned to Sh. Hari Ram Godara and the assessee retained only the commission component, which was given for providing the services of accommodat....
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....of determining the profits of the assessee for taxation purposes. What the AO/Revenue has done is that the entire amount of Rs. 15,21,700/- has been again treated as the income of the assessee from other sources, holding the sale made by the assessee to be bogus and cash allegedly returned by the assessee of Rs. 14,76,045/- to be from unexplained sources and commission earned of Rs. 45,655/-. 8. If the sale is treated as bogus, the impugned amount reflected in profit and loss accounts needed to be ignored for arriving at the profits of the assessee, since as per Revenue no actual sales had been made by the assessee to the firm of Sh. Godara. In the present case, the AO has retained the sales reflected by the assessee in its profits and l....