SHRI ANIL KUMAR KEDIA ,PASCHIM MEDINIPORE vs. DCIT, CIRCLE - 39, MIDNAPORE , PASCHIM MEDINIPUR

The assessee is an individual and carries on the business of trading of poultry/cattle feed and road transport business. He filed his return of income on 13/09/2012, declaring total income fo Rs.9,90,090/-. The Assessing Officer computed the income u/s 143(3) at Rs.42,11,130/-. The Assessing Officer held that he is not satisfied with the correctness and completeness of the company’s books of account and proceeded to estimate the profit of the assessee u/s 144 of the Act @ 4% of sales, which was percentage of profit declared on sales for the Assessment Year 2010-11. Aggrieved the assessee carried the matter in appeal without success.

Further aggrieved, the assessee is before me.

After hearing rival submissions, I find that this is a case where the Assessing Officer passed an order u/s 144 of the Act, as he was not satisfied with the co-operation of the assessee. The ld. CIT(A), also adjudicated the issues against the assessee, due to Assessment Year: 2012-13 Shri Anil Kumar Kedia non-cooperation. Before me, the assessee administered that he was prevented by sufficient cause from effectively representing his case before the lower authorities. It was also pointed out that three sets of written submission were filed before the ld. CIT(A) on 23/12/2016, 18/10/2017 & 23/01/2018. It was also submitted that a comparative chart of profit ratios were also submitted, but the ld. CIT(A) had not considered any of the written submission as required by law.

In my view, this assessment should be set aside to the file of the Assessing Officer, for fresh adjudication, in accordance with law, as the submissions made by the assessee in writing were not considered. The assessee is also directed to pay a cost of Rs.10,000/- to the revenue and further co-operate in disposal of the assessment by furnishing all the required details.

In the result, appeal of the assessee is allowed for statistical purposes.