NADEEM ISLAM,UTTAR PRADESH vs. ITO, MORADABAD
What did the Tribunal hold?
The Tribunal held that the AO erred by not allowing credit for the net profit already returned by the assessee. The AO was directed to reduce the estimated net profit by the amount of profit already declared by the assessee.
What were the facts?
The assessee deposited a significant sum in the bank, which the AO treated as turnover and estimated profit at 5%. The AO did not allow credit for the net profit already declared by the assessee from the same business.
What were the issues?
Whether the AO correctly estimated the profit without considering the net profit already declared by the assessee from the same business.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, DELHI BENCH “SMC-I”: NEW DELHI
Before: SHRI P.K.BANSAL
O R D E R PER P.K. BANSAL, A. M.
This appeal has been filed by the assessee against the order of the Ld. CIT(A) dated 23.11.2015 none appeared on behalf of the assessee neither any application for adjournment was sent even though the notice was sent through registered AD. On the earlier date also none appeared on behalf of the assessee. I therefore proceeded to dispose off the appeal after hearing the Ld. DR.
The only issue involved in the various grounds of appeal taken by the assesee is treating the sum of Rs. 75,46,953/- deposited by the assessee as part of the sales and estimating the income thereon @ 5% and not allowing the credit to the assesee in respect of the net profit shown by the assessee amounting to Rs. 1,56,298/-.
3. I have heard the Ld. DR and carefully considered the submissions made by him. I noted that in this case the assesee has filed the return of income of Rs. 1,53,360/- subsequently it was noticed by the AO that the assessee has deposited a sum of Rs. 75,46,953/- in the ICICI Bank after giving an opportunity to the assessee. The AO treated the said sum tobe the total turn over of the assessee from the business and estimated the net profit @ 5% amounting to Rs. 3,77,347/- after allowing the deduction to the assessee u/s 80C . The total income was assessed at Rs. 3,74,050/-. In my view mistake has been committed by the AO that he did not allow the credit to the aassesee in respect of the income shown by the assesee amounting to Rs. 1,56,298/- from the said very business while estimating the net profit at Rs. 3,77,347/-. The AO should have reduced the net profit by the net profit returned by the assessee amounting to Rs. 1,56,298/-. I accordingly set aside the order of the Ld. CIT(A) and direct the AO to reduce the net profit as estimated by him by Rs. 1,56,298/- which has been returned by the assessee.
Accordingly the appeal of the assessee is partly allowed.
In the result appeal filed by the assessee is partly allowed.
Order pronounced in the open court on 11/07/2016.
More judgments on Section 80C
- Gaurav Jiteshbhai Joshi, Rajkot vs Income Tax Officer, Ward 1(1)(1), RajkotITA 1000/RJT/2026[2022-23]Status: Disposed19 Oct 2026AY 2022-23
- Amit Kumar Rai, Ramnagar, West Champaran vs Income Tax Officer, Bettiah, BiharITA 223/PAT/2026[2020-21]Status: Disposed16 Oct 2026AY 2020-21
- Shailesh Khodabhai Ramani, Rajkot vs ITO, Ward-2(1)(3), RajkotITA 366/RJT/2024[2012-13]Status: Disposed15 Oct 2026AY 2012-13
- Shailesh Khodabhai Ramani, Rajkot vs ITO, Ward-2(1)(5), RajkotITA 257/RJT/2024[2011-12]Status: Disposed15 Oct 2026AY 2011-12
- Trinath Mandal, Koriya vs ITO, Ward-1(1), BilaspurITA 717/RPR/2026[2020-21]Status: Disposed14 Oct 2026AY 2020-21
Recent GST High Court judgments
Search GST case law →- Ajay Kumar @ Ajay Sharma vs. Union Of INDIA Rep Thr The Intelligence Officer, Directorate General Of GST Intelligence (Dggi)Jharkhand · 29 Oct 2026
- M/S Maa Shila Traders vs. The State Of BiharPatna · 29 Oct 2026
- M/S Ashish Enterprises vs. Assistant Commissioner Gsto Ward No. 86Delhi · 29 Oct 2026
- M/S Om.S.R. Construction, Through Its Proprietor Mr. Kuldeep Sharma vs. The State Of Jharkhand Through Its Commissioner, Commerical Tax DepartmentJharkhand · 28 Oct 2026
- M/S. Bhanwal Trading And Company vs. The Union Of INDIARajasthan · 28 Oct 2026