Section 133 (1) or 133 (4) of the Income Tax Act - Confession - Retraction - Voluntary admission - three different aspects - with out pleadings can not be considered in arguments -Voluntary admission at the time of survey , the director of company voluntarily admitted excess amount of Rs.20 lakhs and paid tax also - but filed appeal - in appeal grounds no plea was taken that the admission was obtained by force as such he is retracting the same - with out basis - CIT set aside the orders of A.O. - ITAT tribunal set aside the orders of CIT and restored the orders of A.O. as correct - High Court held that with out pleadings , no case be forward - a lawyer can not develop a case - dismissed the appeal upholding the order of ITAT and A.O as correct = Kernex Micro Systems (India) Ltd.,Hyderabad. Appellant Deputy Commissioner of Income Tax,Circle-2(1), Hyderabad. Respondent = 2014 ( January Vol-1 )judis.nic.in/judis_andhra/filename=10749
Section 133 (1) or 133 (4) of the Income Tax Act - Confession - Retraction - Voluntary admission - three different aspects - with out pleadings can not be considered in arguments -Voluntary admission at the time of survey , the director of company voluntarily admitted excess amount of Rs.20 lakhs and paid tax also - but filed appeal - in appeal grounds no plea was taken that the admission was obtained by force as such he is retracting the same - with out basis - CIT set aside the orders of A.O. - ITAT tribunal set aside the orders of CIT and restored the orders of A.O. as correct - High Court held that with out pleadings , no case be forward - a lawyer can not develop a case - dismissed the appeal upholding the order of ITAT and A.O as correct = Kernex Micro Systems (India) Ltd.,Hyderabad. Appellant Deputy Commissioner of Income Tax,Circle-2(1), Hyderabad. Respondent = 2014 ( January Vol-1 )judis.nic.in/judis_andhra/filename=10749