TRIBENI WORLDWIDE PRIVATE LIMITED,SURAT vs. ITO, WARD 2(2)(1), SURAT

ITA 1114/SRT/2025Status: DisposedITAT Surat05 August 2026AY 2022-233 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the CIT(A) dismissed the appeal without deciding on merits, stating the assessee did not respond to notices. The Tribunal directed the AO to consider the assessee's calculated GP/NP rate of 1.75% if more accurate and remanded the matter for proper verification.

What were the facts?

The assessee company's return was selected for scrutiny due to large share premium and high liabilities compared to low income. The Assessing Officer (AO) invoked Section 145(3) and estimated the Gross Profit (GP) ratio without analyzing expenses or raising specific queries.

What were the issues?

Whether the AO and CIT(A) erred in estimating the GP ratio without proper defects in books of accounts and whether the CIT(A) passed an ex-parte order.

Which sections of the Income-tax Act were involved?

Section 145(3),Section 56(2)(viib)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, SURAT BENCH, SURAT

For Appellant: Shri Suresh K. Kabra, CA
For Respondent: Shri Ashish Kumar, Sr. DR
Hearing: 16.06.2026Pronounced: 05.08.2026

PER : SUCHITRA KAMBLE, J M:

The appeal filed by the assessee is against the order passed by the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [in short “CIT(A)”] dated 25.08.2025 for the Assessment Year (in short “AY”) 2022-23. 2. The assessee has raised the following grounds of appeal:

“1. The CIT(A) NFAC Ld Faceless Assessing Officer has erred and was not just and proper on the facts of the case and in law in estimating the GP Ratio without printing out any defect in the Books of Accounts.

2.

The CIT(A) NFAC has erred and was not just and proper on the facts of the case and in law in confirming the estimation of the GP ratio

The order continues below.

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