AJAY SABOO,FARIDABAD vs. ITO, FARIDABAD

PDF · subscribers
ITA 5193/DEL/2014Status: DisposedITAT Delhi20 July 2016AY 2009-103 pages
AI SummaryRemanded

What did the Tribunal hold?

The Tribunal found that the assessee was prevented by sufficient cause from appearing before the Assessing Officer and producing records. Therefore, the matter was set aside to the Assessing Officer for fresh adjudication.

What were the facts?

The Assessing Officer passed an ex parte order under Section 144 as the assessee failed to produce audit reports and books of accounts, estimating a lower gross profit. The assessee's appeal to the CIT(A) was dismissed, and the admission of additional evidence was rejected.

What were the issues?

Whether the assessee was prevented by sufficient cause from producing documents before the AO, and if the additional evidence should be admitted.

Which sections of the Income-tax Act were involved?

Section 144

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘SMC-3’, NEW DELHI

Before: SHRI J. SUDHAKAR REDDY

This is an appeal filed by the Assessee directed against the order of the Ld.Commissioner of Income Tax (Appeals) dated 09.07.2014pertaining to the Assessment Year (A.Y.) 2009-10.

2.

After hearing rival contentions I find that the Assessing Officer has passed an ex parte order u/s 144 of the Income Tax Act, 1961 (the Act), as the assessee could not produce the audit report, balance sheet and accompanying details or books of accounts. He rejected the books and adopted the gross profit rate of 10% of gross receipts.

3.

On appeal, the assessee sought admission of additional evidence before the First Appellate Authority. An application under Rule 46A was moved. The same has been rejected on various grounds. The order of the A.O. was confirmed by the First Appellate Authority.

4.

Aggrieved the assessee is in appeal before me.

~ 2 ~

5.

The submissions of the assessee is that he has declared gross profit @ 21.88% of gross receipts and where as the A.O. has estimated gross profit at 10% of gross receipts which is lower than what was offered. The assessee has demonstrated that he was prevented by sufficient cause from appearing before the Assessing Officer and from producing the books of accounts and records. As the above claims of the assessee have to be verified and as I am of the opinion that the assessee was prevented by sufficient cause from appearing before the AO and produce the required details, I set aside the matter to the file of the Assessing Officer for fresh adjudication in accordance with law.

6.

In the result the appeal is allowed for statistical purposes.

Recent GST High Court judgments

Search GST case law →