SHOBHIT MALHOTRA,RAMPUR vs. ITO, ITO- RAMPUR
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’, NEW DELHI
Before: Sh. Satbeer Singh Godara
This assessee’s appeal for Assessment Year 2017-18
arises against the CIT(A)/NFAC, Delhi’s DIN & order No.
ITBA/NFAC/M/250/2025-26/1080362187(1) dated 04.09.2025, in proceedings u/s 147 of the Income Tax Act, 1961 (in short
“the Act”).
Case called twice. None appears at the assessee’s behest. He is accordingly proceeded ex-parte.
It next emerges during the course of hearing with the able assistance coming from the Revenue side that the assessee/appellant is aggrieved against both the learned lower authorities’ action assessing his total receipts in kachha arhatia business of Rs.3,68,17,312/- @ 5% resulting in addition of Rs.15,07,342/-; made in assessment order dated 21.02.2025 as upheld in the lower appellate discussion. Shobhit Malhotra
2
4. That being the case, learned departmental representative could hardly dispute that both the lower authorities have nowhere discussed the segmental GP and comparable instances whilst assessing the assessee @5% in question. It is thus deemed appropriate in the larger interest of justice that a lump sum assessment of assessee’s GP @ 1.5% in the given facts would be just and proper with a rider that the same shall not be treated as a precedent in any other case. Necessary computation shall follow as per law.
This assessee’s appeal is partly allowed. Order Pronounced in the Open Court on 23/12/2025. (Satbeer Singh Godara)
Judicial Member
Dated: 23/12/2025
*Subodh Kumar, Sr. PS*