SUNIL BOTHRA,AHMEDABAD vs. INCOME TAX OFFICE, WARD 5(3)(2), AHMEDABAD
Income Tax Appellate Tribunal, “C” BENCH, AHMEDABAD
Before: DR. B.R.R. KUMAR, VICE-SHRI T.R. SENTHIL KUMAR
PER DR. B.R.R. KUMAR, VICE-PRESIDENT :
This appeal has been filed by the assessee against the order of the Ld.
Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC),
Delhi (hereinafter referred to as "CIT(A)" for short) dated 01.01.2024, passed under Section 250 of the Income-tax Act, 1961 [hereinafter referred to as "the Act" for short], for Assessment Year (AY) 2016-17. 2. The solitary issue raised by the assessee reads as under:-
“The Learned AO has erred in confirming the total income that of Rs.32,94,230/- as against that of income returned Rs.2,65,690/- by making addition of Rs.30,28,540/-.”
Briefly stated, the facts of the case are that the assessee is engaged in the business of trading in cloth and maintains two bank accounts, i.e. one with Allahabad Bank, Durgapur Station Bazar Branch and another with Allahabad Asst. Year : 2016-17
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aggregate to Rs.54,95,716/-. The Assessing Officer has determined profit @ 50%
of the total deposits, i.e. Rs.27,47,858/-.
Before us, it was argued that the assessee had already offered income under Section 44AD of the Act at 8% of the turnover and had declared a gross turnover of Rs.42,52,600/-. It was submitted that the amount of Rs.10,00,000/- and Rs.4,50,000/- do not constitute part of the turnover as the amounts have been received from Raju Devi Bothra who is mother of the assessee; thus, leaving the turnover of the assessee to Rs.40,40,000/-. The assessee has already declared income @ 8% of the turnover of Rs.42,52,600/-. Considering the non- material variation, we hold that no addition is called for in this case.
In the result, the appeal of the assessee is allowed.
The order is dictated and pronounced in the open Court on 11.03.2026 (T.R. SENTHIL KUMAR)
VICE-PRESIDENT
Ahmedabad; Dated 11/03/2026
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आदेश की ितिलिप अ ेिषत/Copy of the Order forwarded to :
अपीलाथ / The Appellant 2. थ / The Respondent. 3. संबंिधतआयकरआयु / Concerned CIT 4. आयकरआयु(अपील) / The CIT(A)- 5. िवभागीयितिनिध, आयकरअपीलीयअिधकरण, अहमदाबाद/ DR, ITAT, Ahmedabad 6. गाड फाईल/ Guard file.
आदेशानुसार/ BY ORDER,उप/सहायक पंजीकार (Dy./Asstt.