SHRI SANJAY KUMAR PATESARIA,BURDWAN vs. DCIT, CIRCLE - 3, ASANSOL, ASANSOL

This assessee’s appeal for assessment year 2005-06 arises against the CIT(A), Asansol’s order dated 17.01.2018 passed in case no. 494/CIT(A)/ASL/ITO/ACIT/Cir- 3/10-11 involving proceedings u/s 143(3) of the Act. Heard both the parties. Case file perused.

The assessee’s family’s substantive ground seeks to delete lower personal drawings addition as made by the lower authorities to the tune of Rs. 1,83,000/- on estimation basis. Suffice to show it transpires during the course of hearing that this assessee had claimed annual expenditure/drawings to be Rs.96,200/-. He further gave a list of other family members including assessee’s father/HUFs/mother/wife. I find that the lower authorities have not drawn any comparative chart of assessee’s drawings in the preceding or succeeding assessment years before making the impugned addition. The Sri Sanjay Kumar Patesaria fact also remains that the assessee’s drawings to the tune of Rs. 96,200/- an appears to be too less. I deem it fit and proper in this peculiar facts and circumstances that a lump sum addition of Rs.83,000/- out of Rs.1,83,000/- would serve ends of justice. I order accordingly. The assesse gets on part relief to the extent of Rs. 1 lakh.

Coming to addition of Rs.1,22,070/-, confirmed out of total addition of Rs.6,07,085/- as made by the AO, I hold that the above amount of Rs. 1 lakh in preceding substantive ground deserves to be given credit of the impugned sum by adopting telescoping method. I therefore sustain the instant addition to the tune of Rs.22,070/- only. Necessary computation to follow. It is made clear that the instant estimation shall not be treated as a precedent.

This assessee’s appeal is partly allowed in above terms.