TAX PICKINGS (RIGHT OF THE ASSESSEE TO COMPLETE BOOKS OF ACCOUNTS FOUND INCOMPLETE AT THE TIME OF SEARCH)

In a recent judgment delivered by the Hon'ble High Court of Rajasthan (Jaipur Bench), titled Commissioner of Income tax vs. Vishnu Prakash Sharma, [2022] 440 ITR 324 (Raj.), an observation has been made at para 6 of Page 338 that-"It is an established law that the assessee should be given an opportunity to complete the books of account found incomplete at the time of search."

The judgment has been delievered by a Division Bench of Sh. K.S. Jhaveri and Vijay Kumar Vyas, J.J.

However, the observation is not supported by any case law by the Hon'ble bench. This appears to be an observation which needs further analysis and may not be completely true.

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