14 May 2009
dear experts, my client is a govt.civil contractor,a firm.He filed the ROI along with 3CB,3CD for the Asst.Yr.2006-07 showing the gross T.O.about 366 lakhs and the N.P.@4.21%.
This case was selected for scrutiny and after call for books of accounts by the A.O.the assessee did`nt turned up.
The A.O.Completed the asst.on an estimated basis @10% and demanded Rs.13 lakhs in the Asst.order.
The assessee perturbed by this order,and preferred an appeal(1 st appeal).On the dates of hearing in appeal the assessee shown the books of acounts to the Hon`ble CIT (A).The Learned CIT (A) was remanded the case again to the A.O.
But the A.O.didn`t allow the evidence (ie.Books of accounts)by invoking Rule 46 a
what should I do? pl.advice since the date of hearing falls due on 21 st may 09 by the CIT (A).and also request you to cite any case laws & verdicts on this issue.
14 May 2009
Appear for the appeal on 21st itself. Argue that A.O has no power to invoke Rule 46A because that rule,as you know,is to be exercised by Depty.Commissioner/CIT (Appeals) only. Naturally, the CIT(Appeals) will remand the case with a fresh direction to examine the books. At that time if again the A.O is refusing to admit books,file petition before Addl.CIT to interfere in the case. This is my personal view ,put up for your thoughts,and not a professional opinion.
CAclubindia
