M/S Karb Associates Pvt. Ltd., Kolkata vs D.C.I.T.,Circle-8(1), Kolkata on 25 August, 2021
In the light of the submission of the assessee on this aspect, and taking into
consideration the Tribunal's decision in the case of Radhika Sales Corporation
(Supra), we are of the opinion that the proviso explaining the tolerance limit has to be
read retrospectively, therefore, if the difference between the declared value by the
assessee and the value decided by the DVO is less than 10%, no addition is warranted.
With the aforesaid observations, the issue raised by the assessee is disposed off and
the A.O is directed to assess the income of the assessee as per the directions given
(supra) on this issue and in accordance to law.