AMEERULLAH KHAN,VIJAYAWADA vs. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1(1), VIJAYAWADA

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ITA 600/VIZ/2019Status: DisposedITAT Visakhapatnam19 February 2020AY 2015-20163 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal set aside the CIT(A)'s order and remitted the matter back for fresh consideration. The assessee was directed to provide necessary evidence to the CIT(A).

What were the facts?

The assessee, engaged in the transport business, did not file a return of income. The Assessing Officer reopened the assessment and estimated income at 8% of gross receipts. The assessee claimed to be a commission agent receiving only 2-2.5% commission.

What were the issues?

Whether the assessee's income should be estimated at 8% of gross receipts as a transport contractor or at a lower percentage as a commission agent, and the lack of evidence to support the assessee's claim.

Which sections of the Income-tax Act were involved?

Section 144,Section 147

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, VISAKHAPATNAM “SMC” BENCH, VISAKHAPATNAM

Before: SHRI V. DURGA RAO, HON’BLE

For Appellant: Shri D.L.Narasimha Rao, Adv
For Respondent: Shri V. Rama Mohan, Sr.DR
Hearing: 22/01/2020

Date of hearing : 22/01/2020. Date of pronouncement : 19/02/2020. O R D E R This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals), Vijayawada, dated 25/06/2019 for the Assessment Year 2015-16.

2.

Facts of the case, in brief, are that assessee is an individual carrying in the business of transport contract in the name of “Gujarat Maharashtra Carriers”. In the assessment order, the Assessing Officer has noted that it was found from the NMS data of the ITBA-AIMS module that the assessee has received contract receipts amounting to Rs.2,36,75,330/- from various parties. The assessee has not filed his return of income, therefore the Assessing Officer reopened the assessment and issued notice to the assessee. As the assessee has not complied with the notice, the Assessing Officer has completed the assessment u/sec. 144 r.w.s. 147 of the Act, dated 12/11/2018 by treating the assessee as a contractor and estimated the income at 8% of the gross receipts received by the assessee.

3.

On appeal before the ld. CIT(A), it was submitted that he has only received commission income and therefore estimation at 8% is not correct, however, no evidence is placed before the ld.CIT(A), therefore ld. CIT(A) confirmed the order of the Assessing Officer.

4.

On appeal before me, ld. counsel for the assessee has submitted that Assessing Officer treated the assessee is in the business of transportation and estimated the income at 8% on the total receipts received by the assessee and submitted that he is only commission agent and received commission 2% to 2.5%. Even before me, no evidence is filed, therefore I set aside the order passed by the ld. CIT(A) and remit the matter back to the ld. CIT(A) with a direction to decide the appeal of the assessee afresh after considering details filed by the assessee. The assessee is also directed to file all the necessary details before the ld. CIT(A) on the date is given for hearing. Thus, this appeal filed by the assessee is allowed for statistical purpose.

5.

In the result, appeal filed by the assessee is allowed for statistical purpose. Order Pronounced in open Court on this 19th day of Feb., 2020.

Sd/- (V. DURGA RAO) Judicial Member Dated: 19th February, 2020. vr/- Copy to:

1. 1. The Assessee – Ameerullah Khan, Prop. : Gujarat Maharashtra Carriers, Gollapudi, Vijayawada.

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