Facts
The assessee filed an appeal against the order of the CIT(A) for the assessment year 2019-2020. The assessment and appellate orders were ex-parte. The assessee is in the petroleum business and argued that the profit margin is around 1%.
Held
The Tribunal considered the rival submissions. While the assessee argued for a 1% profit estimation, the revenue suggested a minimum of 2%. The AO had estimated the income at 8%. The Tribunal directed the AO to estimate the income at 2%.
Key Issues
Dispute regarding the estimation of profit in the petroleum business by the Assessing Officer.
Sections Cited
IT Act
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, CUTTACK BENCH CUTTACK
Before: SHRI GEORGE MATHAN & SHRI RAJESH KUMAR
Abinash Naik Vs ITO, Ward-2(1), Sambalpur C/O:- Arjun Naik, Rengali, Sambalpur, 768212 PAN No. : AGEPN 0003 A (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee by : Shri P.K.Mishra, Adv राज"व क" ओर से /Revenue by : Shri Vijaya Singh, ld Sr DR सुनवाई क" तार"ख / Date of Hearing : 4/12/2025 घोषणा क" तार"ख/Date of Pronouncement : 4/12/2025 आदेश / O R D E R Per Bench :
This is an appeal filed by the assessee against the order of the Ld.CIT(A), National Faceless Appeal Centre(NFAC), Delhi dated 29/08/2025 passed in Appeal No.NFAC/2018-199/10457538 for the assessment year 2019-2020.
Shri P.K.Mishra, ld AR appeared for the assessee and Shri Vijaya Singh, ld Sr DR appeared for the revenue.
It was submitted by ld AR that both the assessment order and first appellate orders are exparte. It was the submission that the assessee is in the business of petroleum. The Assessing Officer has estimated the income of the 2 assessee at 8%. It was the submission that the petroleum business does not give more than 1% profit. It was the prayer that the income of the assessee may be estimated at 1%.
In reply, ld Sr DR submitted that the assessee has not produced details before the AO and ld CIT(A). He submitted that minimum 2% profit may be estimated in this line of business.
We have considered the rival submissions. A perusal of the facts in the present case clearly shows that the assessee has not provided all the details before the AO. Consequently, the Assessing Officer has estimated the income of the assessee at 8%. The submissions of ld AR, is that in petroleum business the estimation of profit is in higher side. However, as mentioned by ld Sr DR, the Assessing Officer is directed to estimate the income at 2% as against 8% done in petroleum business.
In the result, appeal of the assessee stands partly allowed for statistical purposes. Order dictated and pronounced in the open court on 4/12/2025. (राजेश कुमार) (जाज" माथन) (RAJESH KUMAR) (GEORGE MATHAN) लेखा सद"य/ ACCOUNTANT MEMBER "या"यक सद"य / JUDICIAL MEMBER "दनांक Dated 4/12/2025 B.K.Parida, Sr.P.S.(os)