GST ArticleIncome Tax Tribunal

AO cannot take the position of business man to ascertain GP ratio

The ITAT, New Delhi in The ACIT, Circle-47(1), New Delhi v. Ashish Bansal dismissed the Appeal of the Revenue Department and held that the Commissioner has correctly deleted the addition made by the AO who merely by comparing industry gross margin and assessee’s gross margin added the differential margin to the income of the assessee without analysing business strategy of the assessee.

GST ArticleIncome Tax Tribunal

Principles of estoppel do not apply to Income Tax proceedings

Income of the assessee must be taxed in the proper Assessment Year and within the limitation prescribed by the Income Tax Act, 1961. Further held that, the Revenue Department must decide matters on merit in accordance with law and not based on the admission or refusal made by the assessee. Remanded the matter back to the Assessing Officer (“AO”) with a direction to ignore the surrender made during the assessment proceedings and decide the matter on merit.