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Not passing a separate order for disposing off the objections of the assessee is a clear violation of law laid down by the Hon’ble Apex Court in the case of GKN Driveshaft – ITAT Delhi

M/S ADMACH AUTO LIMITED, ITA NO. 9543/DEL/2019

M/s Admach Auto Limited vs DCIT 

ITA No. 9543/Del/2019

Pronounced on 18th December, 2020

The hon’ble ITAT Delhi, in a recent judgment, held that “the issue of disposal of objections in the assessment order in not passing a separate order for disposing off the objections of the assessee, which is clear violation of the law laid down by the Hon’ble Apex Court in the case of GKN Driveshaft 259 ITR 19″. 

Secondly, in the reasons, the AO has recorded that assessee has obtained the accommodation entry of Rs. 60 lacs in the name of 6 dummy / paper companies during the year under consideration, but finally made the addition of Rs. 50 lacs in the assessment order which also shows that AO has not applied his mind before recording the reasons in issuing the notice u/s. 148 of the Act. Therefore, the addition in dispute deserve to be cancelled.”

To read the complete order, M/S ADMACH AUTO LIMITED, ITA NO. 9543/DEL/2019

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