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Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: SHRI CHANDRA MOHAN GARG
IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK
BEFORE SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER
ITA No.256/CTK/2018 Assessment Year : 2014-15
Santosh Kumar Prusty, Plot Vs. ITO, Ward 2(1), No. LB-44, Bhimatangi, Bhubaneswar. H.B,. Colony, Old Town, Bhubaneswar. PAN/GIR No.ABWKPP 0109 G (Appellant) .. ( Respondent)
Assessee by : Shri Akshaya Jethi, AR Revenue by : Shri Subhendu Dutta, DR
Date of Hearing : 25/01/ 2019 Date of Pronouncement : 25 /01/ 2019
O R D E R This is an appeal filed by the assessee against the order of
the Commissioner of Income Tax(Appeals)-1, Bhubaneswar dated
9.2.2018 for the assessment year 2014-15.
The sole issue involved in this appeal is that the
Commissioner of Income Tax(Appeals), Cuttack was not justified
in reducing the net profit to 4% as the net profit rate as per audit
report is 2%. Therefore, the Assessing Officer may be directed to
estimate net profit @ 2%.
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I have heard the rival submissions, perused the orders of
lower authorities and materials available on record. Ld A.R. of the
assessee submitted that the assessee filed the return of income
on the basis of unaudited accounts and after obtaining audit
report, the assessee could not file the revised return of income
due to ignorance and lack of knowledge. Ld A.R. submitted that
the assessee is in the business of trading in recharge vouchers of
mobile, wherein, the assessee purchased recharge vouchers from
franchise holders and thereafter sales it to the retailers located in
various part of the city, wherein, profit margin after deducting
operational cost is very minimum i.e. 2%. Therefore, the
Assessing Officer may kindly be directed to reduce the net profit of
the assessee to 2%, which is quite reasonable and justified.
In reply to above submission of ld A.R., ld D.R. supporting
the order of the first appellate authority, submitted that the
CIT(A) has taken a very reasonable and justified approach by
reducing the net profit estimated by the Assessing Officer from
8% to 4% and no further reduction can be allowed. Therefore,
the appeal of the assessee be dismissed.
On a careful consideration of the materials available on
record and as per findings arrived at by the lower authorities, I
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observe that the Assessing Officer has estimated the net profit at
8% which has been reduced by the CIT(A) to 4%. Undisputedly,
the turnover shown by the assessee in the computation of income
was enhanced in the audit report and the assessee did not file any
revised return so far. Ld D.R. has not disputed the fact that
during the immediately previous and succeeding assessment year,
the net profit shown by the assessee was neither 8% nor 4% and
the net profit was lesser. However, the peculiar position in the
present case is that there is difference between the turnover
shown by the assessee in the return of income and the turnover
taken by the auditor in the subsequent audit report. Keeping in
view the entire facts and circumstances of the case, I am of the
considered opinion that in the trading of mobile recharge vouchers
i.e. in the capacity of semi-wholesaler, wherein, the assessee
purchases bulk quantity of recharge vouchers from mobile
franchise dealers and sales to the small retailers located in the
various parts of the city, the profit cannot be estimated either 8%
or 4%. At the same time, I also take note of the fact that there
was dissimilarity in the turnover shown by the assessee in the
return of income and audit report. Keeping in view the entirety of
the facts and circumstances of the case, I am of the view that the
possibility of leakage of revenue should be taken into account and
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simultaneously the net profit earned by the assessee in such kind
of trading akin to the assessee should also be kept in mind while
estimating the net profit on the total turnover of the assessee. In
my view, the ends of justice would meet, if the net profit of the
assessee is estimated @ 3% of the total turnover of the assessee
in the audit report. I hold so. Consequently, the Assessing Officer
is directed to recalculate the net profit of the assessee as per my
direction given above
In the result, appeal of the assessee is partly allowed
Order pronounced on 25/01/2019. Sd/- (Chandra Mohan Garg) JUDICIALMEMBER Cuttack; Dated 25/01/209 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : Santosh Kumar Prusty, Plot No. LB-44, Bhimatangi, H.B,. Colony, Old Town, Bhubaneswar. 2. ITO, Ward 2(1), The Respondent. Bhubaneswar 3. The CIT(A)-1, Bhubaneswar 4. Pr.CIT- 1, Bhubaneswar 5. DR, ITAT, Cuttack 6. Guard file. //True Copy// By order
Sr. Pvt. Secretary, ITAT, Cuttack
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