ASHIF,HAPUR vs. ITO, WARD-3(4), HAPUR

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ITA 5081/DEL/2018Status: DisposedITAT Delhi08 August 2022AY 2014-154 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal found no error in the CIT(A)'s findings, which had examined all aspects of the additions made by the AO. The assessee failed to appear for hearings despite repeated notices.

What were the facts?

The assessee, engaged in the business of trading raw meat and live animals, filed a return declaring a total income of Rs. 6,33,480/- on a turnover of Rs. 1,24,71,4503/-. The AO applied a net profit rate of 5% and made an addition of Rs. 56,32,597/- due to lack of plausible reply and supporting evidence.

What were the issues?

The primary issue was the justification of the profit declared by the assessee and the validity of the addition made by the AO based on an estimated profit rate.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘A’, NEW DELHI

Before: SH. N. K. BILLAIYA & SH. ANUBHAV SHARMA

Hearing: 08/08/2022Pronounced: 08/08/2022

Appellant None Respondent Sh. Kanav Bali, Sr. DR Date of hearing: 08/08/2022 Date of Pronouncement: 08/08/2022 ORDER PER N.K. BILLAIYA, AM:

This appeal by the assessee is preferred against the order of the CIT(A), Muzaffarnagar dated 15.05.2018 pertaining to A.Y.2014-15.

2.

The grievance of the assessee read as under :-

3.

This appeal was first listed for hearing on 17.08.2021 and thereafter on several occasions inspite of notice none appeared on behalf of the assessee.

4.

On 02.05.2022 the Bench asked the DR to get the notice served through the AO. The AO in his report on record states that the notice was served by him to the address of the assessee Sh. Ashif on 24.06.2022 at 11.56 AM inspite of this the assessee chose not to appear. We decided to proceed exparte.

5.

The DR was heard at length. Case record carefully perused.

6.

Briefly stated the facts of the case are that the assessee is engaged in the business of trading of raw meat and live animals which are supplied to big plants. The return was filed declaring total income of Rs.6,33,480/- on a total turnover of Rs.124714503/-. The return was selected for scrutiny assessment and necessary details were called by the AO from the assessee. On receiving no plausible reply and supporting documentary evidences to justify lower profit, The AO applied net profit rate of 5% and made addition of Rs.5632,597/-which was confirmed by the CIT(A).

7.

We have given a thoughtful consideration to the findings of the CIT(A) wherein the CIT(A) has examined each and every aspect of the additions made by the AO. We could not find any error or infirmity in the findings of the CIT(A). The appeal of the assessee is accordingly dismissed.

8.

Decision announced in the open court on 08.08.2012.

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