69B

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Since books of account were not rejected, therefore, provisions of section 69B were wrongly invoked by AO. 2018 TaxPub(DT) 4842 (Raj-HC) CIT v. Gaurav Kumar Sharma on dated 12 October, 2017
Section 69A, 69B, 148, 254 CHANDULAL AMRUTLAL SHAH (HUF) & ORS. vs. ITO ‎May 4, 2020 ITAT SURAT AY 2000-01 & 2004-05. Supreme Court in the case of MCorp ‎Global (P) Ltd. v. CIT [2009] 309 ITR 434 (SC) held that It is well-settled that the Tribunal ‎is not authorized to take back the benefit granted to the assessee by the Assessing Officer. It ‎has no power to enhance the assessment. In view of the statutory provisions. AO cannot ‎enhanced the income originally assessed under section 143 (3) in set-aside proceeding in ‎consequence of direction of the tribunal.‎