PRITILATA PARIDA,BHUBANESWAR vs. DCIT, CIRCLE-2, BHUBANESWAR

1 ITA No. 667/Ctc/2026 Assessment Year: 2017-18

IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE S/SHRI GEORGE MATHAN, JUDICIAL MEMBER AND RAJESH KUMAR, ACCOUNTANT MEMBER ITA No. 667/CTC/2026 Assessment Year: 2017-18 Pritilata Parida, Vs. DCIT, Circle-2, Bhubaneswar Flat No, D-4, Netaji Subhas Enclave, Mancheswar Railway Colony, Near Sub Post Office, Mancheswar Railway Colony, S.O Bhubaneswar 751017 PAN/GIR No. AHLPP 8644 F (Appellant) .. ( Respondent) Assessee by : Shri P.K.Mishra, Adv Revenue by : Shri Vijay Singh, DR Date of Hearing : 27/05/2026 Date of Pronouncement : 27/05/2026

O R D E R Per Bench This is an appeal filed by the assessee against the order of the ld CIT(A), NFAC, Delhi dated 20/08/2025 in Appeal No. CIT(A), Bhubaneswar-2/10254/2019-20 for the assessment year 2017-18. 2. Shri P.K.Mishra, ld AR appeared for the assessee and Shri Vijay Singh, ld DR appeared for the revenue. 3. It was submitted by ld AR that the assessee is running a petrol pump. The Assessing Officer had brought to tax the income of the assessee by determining the net profit at 8%. It was the submission that the ld CIT(A), on appeal after considering

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the profit ratio for the last 10 years, had determined the gross profit of the assessee at 2.644%. Ld AR has placed before us the copy of the order giving effect to the order of the ld CIT(A), wherein, after determining the gross profit at 2.644%, the Assessing Officer has granted relief to the assessee of Rs.89,23,855/-. It was the submission that after determining the gross profit, the net profit has not been determined by the AO. It was the submission that the expenses in relation to the earning of income has not been considered. It was the submission that the net profit of the assessee may be considered. 4. In reply, ld Sr DR submitted that the net profit has also been determined by the ld CIT(A) in para 5.7 of his order. It was the submission that the average net profit determined by the ld CIT(A) is 1.194%. It was the submission that the net profit has been earned by the assessee for the assessment year is 2.644%, which is 1.23%, therefore, the net profit may be adopted at 1.5%. 5. In reply, ld AR submitted that the assessee has already declared net profit at 1.09% for the impugned assessment year. It was the prayer that for running the petrol pump, the margins are very low and margins are already fixed by the company. It was the prayer that the net profit may be determined at average of the net profit as determined by the ld CIT(A) at 1.194%. 6. We have considered the rival submissions. Considering the fact that the net profit of the assessee is admittedly varying and it is notice that the net profit is only 1.09% as against 1.194% average determined by the ld CIT(A), the Assessing Officer is directed to assess the income of the assessee by estimating the income of the assessee at net profit of 1.2% of the total turnover.

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