D.C.I.T., CIRCLE-1, AL vs. SMT FIRDOSH KHAN, ALLAHABAD
What did the Tribunal hold?
The Tribunal upheld the CIT(A)'s decision to delete the additions made by the AO. It found that the AO failed to provide sufficient justification for rejecting the books of account and estimating profit at 7%. The Tribunal also agreed with the CIT(A) that the sundry creditors and cash deposits were adequately explained and accounted for.
What were the facts?
The Assessing Officer (AO) rejected the assessee's books of account, estimated profit at 7% on contract receipts, added interest income from NSC, treated commission income as income from other sources, and added sundry credits and cash deposits as unexplained income. The CIT(A) deleted most of these additions.
What were the issues?
Whether the AO was justified in rejecting the assessee's books of account and estimating income. Whether sundry creditors and cash deposits were unexplained income.
Which sections of the Income-tax Act were involved?
Section 145,Section 68,Section 44AD,Section 143(3),Section 80C
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, ALLAHABAD BENCH, ALLAHABAD
Before: SHRI. SUDHANSHU SRIVASTAVA & SHRI NIKHIL CHOUDHARY
PER SUDHANSHU SRIVASTAVA, J.M.:
This appeal has been preferred by the Department against the order dated 04.04.2019, passed by the Learned Commissioner of Income Tax (Appeals) [Ld. CIT(A)] for Assessment Year 2013-14. 2.0 The brief facts of the case are that the assessee was engaged in contract business. The assessee filed her return of income for the year under consideration on 30.09.2013 declaring a total income of Rs.13,26,750/-. The case of the assessee was selected for scrutiny under Computer-Assisted Scrutiny Selection (CASS). During the course of assessment proceedings, the assessee produced books of account which were rejected by the AO by invoking the provisions of section 145 of the Act and ITA No.99/ALLD/2019 estimated the Net Profit @ 7% on the contract receip
The order continues below.
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More judgments on Section 145
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- Ontic Finserve Limited, Ahmedabad vs ITO Ward -3(1)(1), AhmedabadITA 1924/AHD/2026[2018-19]Status: Disposed30 Sept 2026AY 2018-19
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