Appeals
This query is : Resolved
16 January 2012
We had agreed for certain additions during the scrutiny Assessments and the order u/s 143 (3) was passed now even after agreeing we want to go to appeals . Is it possible to go on appeals after agreeing for additions . Are there any case laws to support these . Pls advice as the addition is huge . an early and urgent reply will be very thankful.
CA PARAS BAFNA
(Expert)
16 January 2012
You can prefer appeal, without citing any case law. I may post the same if I could find.
.
It is a known fact that assessee remains under pressure while signing the order sheet. Sometimes he has to agree to avoid even huge additions also. In his submission
he may argue the facts leading to the situation.
.
.
It is a known fact that assessee remains under pressure while signing the order sheet. Sometimes he has to agree to avoid even huge additions also. In his submission
he may argue the facts leading to the situation.
.
Message likes :
1 times
17 January 2012
No appeal lies under section 246(c) against an assessment relating to an addition made on agreed basis.
Citation :- Sterling Machine Tools Vs. CIT (1980) 123 ITR 181(All).
Citation :- Sterling Machine Tools Vs. CIT (1980) 123 ITR 181(All).
Message likes :
1 times
CA PARAS BAFNA
(Expert)
18 January 2012
Yes, Warrier Sir is correct.
I have also got one case law which states that-
.
Appeal does not lie against agreed additions.
Pawn Construction v. ITO [2001] 78 ITD 176
(Rajkot)
.
Still the assessee should try and file the appeal by arguing that the additions have been agreed under abnormal circumstances.
.
I have also got one case law which states that-
.
Appeal does not lie against agreed additions.
Pawn Construction v. ITO [2001] 78 ITD 176
(Rajkot)
.
Still the assessee should try and file the appeal by arguing that the additions have been agreed under abnormal circumstances.
.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Visiting card purchase
- GST on reimbursement of expenses
- Due date for filing return for the partner in partnership subjected to Tax Audit
- Query on effect of registration of property
- Equity Share Sale and Purchase
- Whether output tax is taken credit by purchaser
- Additional trade name
- Number of years as per AS amortisation of Goodwill
- Wrong CMPo8 file
- Goodwill transfer of deceased father’s firm – ICAI applying a 27.04.2026 cut-off to the 3 year limit
- Classification of income of P Ltd company as business or profession
- Opting out" of regime provided under subsection (1A) of Section 115BAC but Form 10IEA is not filed.
- "Please ensure that the Total of the Deductions u/s 54F match the same in Table D in Sch CG"
- Need to correct "Whether it is last installment " response in Form 26 QB
- " Income from House Property " in joint names of co-owners
- REGARDING TDS RETURN OF FORM 27Q
- Notice under e-Verification Scheme
- GST demand notice for ITC reversal against exempted supply.
- RCM ON SECURITY CHARGES FROM INDIVIDUALS
- How to get money back from delisted company
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
