No AI summary yet for this case.
Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: SHRI CHANDRA MOHAN GARG & SHRI L. P. SAHU
Per C.M.Garg, JM
This is an appeal filed by the assessee against the order of the
Commissioner of Income Tax(Appeals), Cuttack dated 10.1.2019 for the
assessment year 2013-14.
The appeal filed by the assessee is delayed by two days. The
assessee has filed condonation petition stating therein that the advocate
looking after the matter was affected severely by the havoc of “FANI” and
P a g e 1 | 6
ITA No.1 48/CTK/201 9 Assessm ent Y ear: 2 013 -14
the entire system like electricity, etc could not be available and, therefore,
there was delay of two days in filing the appeal before the Tribunal.
After hearing the rival submissions, we are convinced that the
assessee was prevented by sufficient cause for filing the appeal before the
Tribunal and hence, we condone the delay and proceed to dispose of the
appeal on merits.
The assessee has raised the following grounds of appeal:
“I. For That the orders of the Forums below are excessive, illegal, unjust and arbitrary in the facts of the case are liable to be quashed in toto. II. For that, the estimation of profit @8% is excessive in the facts of the case, hence the addition of Rs.8,82,369/- to the income of the appellant should be reduced. III. For that, the addition of entire bank deposits in the hands of the appellant without proper verification, confrontation by the Id. AO and sustained by the Id. CIT(Appeals) in first appeal is illegal and arbitrary in the facts of the case, hence the deposits made by the HUF and other deposits found should have been excluded from the business income of the appellant. IV. For that, the deposits in the joint saving bank account cannot be treated as income of the appellant exclusively, hence such addition should have been deleted in the facts of the case. V. For that, addition of interest income accrued from the bank accounts is unjust in the facts of the case, therefore, addition of Rs.53,708 should not have been assessed as income of the appellant. VI. For that the Id. CIT(Appeals) failed to appreciate the facts and points of law raised and placed in the appeal and in the matter of estimation of Income further addition of deposits etc. is liable to be deleted.”
At the time of hearing, ld A.R. of the assessee produced a letter
dated 8.2.2016 of Odisha Gramya Bank, wherein, in compliance to
information sought u/s.133(6) of the I.T.Act, it was stated that the maturity
amount of Rs.2,00,615.95 in RD A/c No.105844100001935 belongs to Sri
Binod Kumar Das, which was deposited in the joint account
P a g e 2 | 6
ITA No.1 48/CTK/201 9 Assessm ent Y ear: 2 013 -14
appropriateness and adequacy of 8% of net profit is concerned, admittedly
and undisputedly, the assessee is in the business of sale of shoes and
footwear and not maintaining any books of account. At this juncture, we
may point out that the assessee failed to submit relevant documents
establishing the existence of HUF and reconciliation statement submitted by
the assessee has been considered and accepted by the AO. In this
situation, after deducting amount of recurring deposits pertaining to brother
of the assessee, remaining amount of Rs.1,08,28,992/- is nothing but sale
proceeds/receipts of undisclosed sales, which was deposited by the
assessee to his five bank accounts. In the business of retail sales of shoes,
net profit of 8% is not very high and excessive and, therefore, we decline to
accept the contention of ld A.R. that the estimation of net profit @ 8% is
very high and excessive. Consequently, the findings arrived at by the AO
and CIT(A) on estimation of net profit @ 8% on undisclosed sales is
confirmed. Hence, Ground No.1,2,3,4 and 6 are partly allowed.
Apropos Ground No.5 of appeal, we find that the addition was made
by the AO on account of interest earned by the assessee on his savings
bank account. In first appeal, the CIT(A) has allowed statutory deduction
u/s.80TTA of Rs.10,000/- available to interest earned on saving account.
Therefore, we find no good reason to interfere with the order of the CIT(A)
on this issue. This ground is accordingly dismissed.
P a g e 5 | 6
ITA No.1 48/CTK/201 9 Assessm ent Y ear: 2 013 -14
In the result, appeal is partly allowed.
Order pronounced on 25 /07/2019. Sd/- sd/- (L. P. SAHU) (Chandra Mohan Garg) ACCOUNTANT MEMBER JUDICIALMEMBER Cuttack; Dated 25 /07/209 B.K.Parida, SPS Copy of the Order forwarded to : 1. The appellant: Sri Manoj Kumar Das, Ward No.12, Ichinda, Rairangpur, Mayurbhanj
The Respondent. ITO, Ward-1, Baripada 3. The CIT(A)- Cuttack 4. Pr.CIT- Cuttack 5. DR, ITAT, Cuttack 6. Guard file. //True Copy// By order
Sr. Pvt. Secretary, ITAT, Cuttack
P a g e 6 | 6