issues during such
scrutiny in the original assessment was processing of section 145A
for valuation.
The
assessee had also preferred appeal before the Commissioner(Appeals ... unutilized CENVAT
credit was required to be considered for adjustment u/s.145A and the
income was arrived at without including the unutilized CENVAT
credit
amendment, the petitioner also prayed for a
declaration that section 145A of the GPMC Act is ultra vires Articles ... changes made in the GPMC Act ,
we may briefly refer to section 145A added in the GPMC Act by the
Amending Act . Sub-section
made in the assessment by applying the provisions of
sec. 145A of the Income Tax Act, 1961, instead of
confirming the said addition ... Auditor himself had quantified the
profits as per the provisions of sec. 145A at
Rs.10,90,44,768/- whereas the net profit
exercise duty in the violation of closing stock as per section 145A of the Act,
without appreciating that section 145A was inserted by the Finance ... first year after
amendment to section 145A of the Act. Otherwise, both the parties mentioned that
this issue has to be decided in line with
correctly applied the method of
valuation as provided under section 145A of the 'Act'.
3. BECAUSE, on due consideration of facts ... correctly applied the method of valuation as
provided under section 145A of the 'Act'.
3. BECAUSE, on due consideration of facts
against the confirmation of
disallowance of `1,80,137 u/s 145A being difference between the
Cenvat addition to opening and closing stock ... heard the rival submissions and perused the relevant
material on record. Section 145A was inserted by the Finance (No.2)
Act, 1998 with effect from
March 2005 added to the Closing Stock under section 145A of the Act
1.1.On the facts and circumstances of the case ... redirecting the AO to
carry out the necessary exercise under Section 145A of the Act by changing the opening stock and
purchases along with closing
accounting adopted by
the assessee contrary to the provision of Section 145A which prohibits the
same.
3. On the facts and in the circumstances ... deleting the addition made as per the specific provision
of section 145A, relying upon the decision of the Hon'ble Apex Court which
receipts and had to be included as per the provisions of
section 145A.
3. In the assessment proceedings, the AO enquired from the
assessee ... included as
per the provisions of section 145A. The assessee gave reasons for non
inclusion of service tax in the cost of the components
Mart International Limited vs . Manmoy Designs C.R. No. 145A/13 on 28 October, 2013
1
Bon Mart International Limited Vs. Manmoy Designs ... 145A/13
IN THE COURT OF MS. RAJ RANI MITTRA: ASJ - 03 : SOUTH - EAST,
SAKET COURTS, NEW DELHI
Criminal Revision No. 145A/13
BON MART
