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Income Tax Appellate Tribunal, HYDERABAD ‘SMC’ BENCH : Hyderabad
Before: SHRI S.S. GODARA
Date of Hearing : 27/01/2021 Date of Pronouncement : 22/02/2021 O R D E R This assessee’s appeal arises against the Commissioner of Income Tax (Appeals) -7 [CIT(A)] Hyderabad’s order dated 26.11.2019 passed in case no.45/CIT(A)-7/2019-20 in proceedings u/s 144 of the Income Tax Act, 1961 [in short ‘the Act’] for AY 2016-17.
Case called twice. None appeared on behalf of assessee. Heard Shri Narayanamurthy Naik, DR representing the department. Case file perused.
With able assistance from revenue’s side, it is noticed at the outset that assessee’s sole substantive grievance challenges the correctness of both lower authorities’ action in estimating assessee’s icome @ 5% profit element qua the cash deposits in bank account to the tune of Rs.1,84,15,380/- on the ground that he has been carrying out telecom commission agent/recharge coupon AY 2016-17 Shri Sataiah Molugu, Hyd. provider of M/s Bharathi Airtel Limited. I notice that the Assessing officer’s impugned estimation of assessing assessee’s profit element at 5% is without any benchmark. In all these circumstances, I deem it appropriate that interest of justice would be met impugned profit element of 5% in assessee’s hands is reduced to 3.5% only with a rider that the instant estimation shall not be taken as precedent in any other case or A.Y.; as the case may be. Necessary computation shall follow as per law. This assessee’s appeal is partly allowed in above terms.
Order pronounced in Open Court on 22/02/2021.