The Supreme Court of India dismissed a special leave petition ( SLP ) filed by the Income Tax Department in the challenge regarding the deletion of addition on submission of proper cash book.
The SLP arose out of impugned final judgment and order dated 27-11-2017 in ITA No. 923/2017 passed by the High Court of Gujarat at Ahmedabad.
The Gujarat High Court observed that “The assessee had submitted cash book after properly recording the entries and submitted the same with the paper book. However, the Assessing Officer has not been able to pinpoint any defect in the complete cash book furnished by the assessee. Under the circumstances, when no defects could be pointed out by the Assessing Officer in the cash book furnished by the assessee, no infirmity can be found in the reasoning adopted by the Tribunal while deleting such addition. Resultantly, the second question, as proposed by the revenue, also does not merit acceptance.”
A Two Judge Bench of the Supreme Court of Justice Pamidighantam Sri Narasimha and Justice Aravind Kumar observed that “Delay in the matters is condoned. Having heard the counsel for the petitioner(s), we are not inclined to interfere. Hence, the special leave petitions are dismissed.”
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