RAJIV MEHTA,JAIPUR vs. ACIT, KOTA

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ITA 1022/JPR/2016Status: DisposedITAT Jaipur18 September 2017AY 2013-144 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal upheld the rejection of the assessee's books of accounts. It also affirmed the CIT(A)'s decision to sustain a trading addition of Rs. 4 lakhs, finding no fault with the lower authorities' findings.

What were the facts?

The Assessing Officer rejected the assessee's books of accounts and made an addition of Rs. 21,34,520/- by estimating profit. The CIT(A) restricted the trading addition to Rs. 4 lakhs.

What were the issues?

Whether the rejection of books of accounts by the AO and CIT(A) was justified, and whether the sustained trading addition of Rs. 4 lakhs was proper.

Which sections of the Income-tax Act were involved?

Section 143(3),Section 145(3),Section 234A,Section 234B,Section 234C,Section 234D,Section 244A

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, JAIPUR BENCHES, JAIPUR

Before: SHRI BHAGCHAND, AM & SHRI KUL BHARAT, JM vk;dj vihy la-@ITA No. 1022/JP/2016

For Appellant: Shri Mahendra Gargieya (Advocate) jktLo dh vksj ls@

PER SHRI KUL BHARAT, JM.

This appeal by the Assessee is directed against the order of Ld. CIT (A) Kota,

dated 16.09.2016 pertaining to A.Y. 2013-14.

The Assessee has raised the following grounds of appeal:-

“1. The impugned order u/s 143(3) dated 19.01.2016 is bad in law and on facts of the case, for want of jurisdiction and various other reasons and hence, the same kindly be quashed.

2.1. Rs. 4,00,000/-: the Ld. CIT(A) erred in law as well as on the facts of the case in confirming the application of Sec. 145(3) of the Act. The provision so invoked by the AO and confirmation by the Ld.CIT(A), being contrary to the provisions of law and facts, the same kindly be quashed. Consequently, the trading addition of Rs. 4,00,000/- be deleted in full.

2 ITA No. 1022/JP/2016. Shri Rajiv Mehta, Kota.

Alternatively and without prejudice to above

2.2 The Ld. CIT(A) further erred in law as well as on the facts of the case in confirming trading addition up to Rs. 4,00.000/-. The addition sof made by the AO and partly sustained by the CIT(A) is totally contrary to the provisions of law and facts on the record and hence, the addition may kindly be deleted in full.

3.

The Ld. AO further erred in law as well as on the facts of the case in chagrining interest u/s 234A, 234B, 234C, & 234D of the Act and as also in withdrawing interest u/s 244A of the Act. The appellant totally denies its liability of charging and withdrawal of any such interest. The interest so charged/withdrawn, being contrary to the provisions of law and facts, kindly be deleted in full.

4.

The appellant prays your honour indulgences to add, amend or alter of or any of the grounds of the appeal on or before the date of hearing.”

2.

Briefly stated the facts of the case are that the case of the assessee was

picked up for scrutiny assessment and the assessment was framed under section

143(3) of the Income-tax Act, 1961 (hereinafter referred to as the Act) vide order

dated 19.01.2016. While framing the assessment, the Assessing Officer rejected the

books of accounts and estimated the profit by applying gross profit at 25.596%

hence made addition of Rs. 21,34,520/-. The Assessing Officer also made

disallowance out of interest expenses and also adhoc disallowances. Against this,

the Assessee preferred an appeal before Ld. CIT(A), who after considering the

submissions, restricted the addition out of trading addition of Rs. 4 lakhs and deleted

the other disallowances.

3.

The only effective ground in the assessee’s appeal is against sustaining the

addition of Rs. 4 lakhs.

3 ITA No. 1022/JP/2016. Shri Rajiv Mehta, Kota.

3.1 Ld. Counsel for the assessee reiterated the submissions as made in the

written submissions. Ld. Counsel for the assessee submitted that Assessing Officer

was not justified in rejecting the books of accounts. He submitted that Assessing

Officer has observed that the assessee has produced books of accounts which were

examined on tax cheque basis. He submitted that the authorities below failed to

appreciate the fact, day to day stock register was not possible to be maintained in

the line of business.

3.2 On the contrary, Ld. D/R supported the order of the authorities below on

rejection of books of accounts.

3.3 We have heard the rival contentions, perused the material available on record

and gone through the order of the authorities below. We find that the AO had

rejected books of accounts on specific defects and estimated the profit on the basis

of average GP rate of the last five years. However, the Ld. CIT(A) has sustained the

addition to the extent of Rs. 4 lakhs so far rejection of books of accounts is

concerned. Therefore, we do not find any fault into the finding of the AO; therefore,

rejection of books of accounts is upheld.

3.4 Another contention of the Ld. Counsel for the assessee is that the Ld. CIT(A)

was not justified in restricting the addition, since, we have upheld the rejection of

books of accounts on the basis of estimation of gross profit by the AO which is as

per the law laid down by the Jurisdictional High Court. The Revenue has not come

in appeal qua the addition deleted by the Ld. CIT(A). Therefore, the finding of the

Ld. CIT(A) is affirmed. Grounds raised in this appeal are rejected.

4 ITA No. 1022/JP/2016. Shri Rajiv Mehta, Kota.

4.

In the result, appeal of the Assessee in ITA No. 1022/JP/2016 is dismissed. Order is pronounced in the open court on Monday, the 18th day of September

2017.

Sd/- Sd/- ( HkkxpUn ½ ( dqy Hkkjr) ( BHAGCHAND) ( KUL BHARAT ) ys[kk lnL;@Accountant Member U;kf;d lnL;@Judicial Member Jaipur Dated:- 18/09/2017. Pooja/ आदेश की प्रतिलिपि अग्रेषित@ब्वचल वf जीम वतकमत वितूंतकमक जवरू

1.

The Appellant- Shri Rajiv Mehta, Kota. 2. The Respondent – The ACIT, Circle-2, Kota. 3. The CIT(A). 4. The CIT, 5. The DR, ITAT, Jaipur 6. Guard File (ITA No. 1022/JP/2016)

vkns'kkuqlkj@ By order,

सहायक पंजीकार@ Aेेपेजंदज. त्महपेजतंत

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