DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, BELAGAVI, BELAGAVI vs. SHRI IDREES MOHAMMED, KALABURAGI
What did the Tribunal hold?
The Tribunal held that the AO's rejection of the assessee's books was justified due to non-production of records. However, the estimation of business profit at 10% by the AO was found to be ad-hoc and without proper rationale. The Tribunal directed the AO to restrict the net profit margin to 8% of the reported turnover.
What were the facts?
During a search and survey action, the assessee's business premises were investigated, leading to the discovery of incriminating material. The Assessing Officer (AO) made additions for unexplained cash deposits during demonetization, disallowance of agricultural income, and underreporting of business profit after rejecting the assessee's books.
What were the issues?
Whether the addition for unexplained cash deposits during demonetization was justified, and whether the AO's estimation of business profit after rejecting books was reasonable.
Which sections of the Income-tax Act were involved?
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Cases cited in this judgment(9)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Kachwala Gems v. JCIT332 citing288 ITR 10 · 2007 · SC · Read judgment
- CIT v. Motor General Finance Ltd.63 citing254 ITR 449 · 2002 · HC
- CIT v. Surjit Singh Mahesh Kumar31 citing210 ITR 83 · 1994 · HC
- Mysore Fertiliser Co. v. CIT25 citing59 ITR 268 · 1966 · HC
- Dhondiram Dalichand v. Commissioner of Income Tax24 citing81 ITR 609 · 1971 · HC
- Bastiram Narayandas v. CIT19 citing210 ITR 438 · 1994 · HC
- 247 (Delhi). (ix) Ravindra Kr. Verma v. CIT10 citing73 Taxmann.com 117 · 2016 · HC
- 321 ITR 362(SC), CIT v. Laxman Das Khandelwal5 citing194 ITD 702 · 2022 · ITAT
- Raju Ravichandran v. Income-tax Officer4 citing159 Taxmann.com 1518 · 2024 · ITAT
Income Tax Appellate Tribunal, PANAJI BENCH, GOA
Before: HON’BLE SHRI PAVAN KUMAR GADALE & SHRI G. D. PADMAHSHALI
PER G. D. PADMAHSHALI; This appeal is filed by the Revenue u/s 253(2) of the Income-tax
Act, 1961 [‘the Act’] challenges the order dt. 29/05/2023 passed
u/s 250 of the Act by Commissioner of Income Tax(Appeals-2),
Panaji [‘Ld. CIT(A)’] which emanated from order of assessment
dt. 27/12/2019 passed 143(3) of the Act by Dy. Commissioner
of Income Tax Central Circle, Belagavi [‘Ld. AO’] anent to assessment year 2017-18. [‘AY’]
ITAT-Panaji DCIT Vs Idrees Mohammed ITA No. 149/PAN/2023 AY: 2017-18
Succinctly stated pertinent facts born out of case records & rival party’s submissions are that; 2.
The order continues below.
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