Facts
The assessee's appeal for assessment year 2014-15 arose against the CIT(A)'s order which involved proceedings under section 143(3) of the Income-tax Act. The sole substantive ground of the appeal was that the lower authorities had wrongly estimated 15% of the Nikasi of potatoes stored as trading income.
Held
The Tribunal observed that the assessee could not reconcile details and the department could not pinpoint defects. Therefore, it was deemed appropriate in the interest of justice to make a lump sum addition of Rs. 5,00,000 instead of the disputed Rs. 36,66,600, with the condition that this would not be a precedent. The assessee was granted relief of Rs. 31,66,600.
Key Issues
Wrongful estimation of trading income by lower authorities; appropriateness of lump sum addition.
Sections Cited
143(3)
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, AGRA BENCH, AGRA
Before: SHRI SATBEER SINGH GODARA & SHRI MANOJ KUMAR AGGARWAL
ORDER
Per Satbeer Singh Godara, Judicial Member:
This assessee’s appeal for assessment year 2014-15, arises against the Commissioner of Income Tax (Appeals)-2 [in short the “CIT(A)], Agra’s order in appeal No. 400/CIT(A)-2/Agra/ITO- 2(2)(5)/Etawah/2016-17 dated 19.01.2018, involving proceedings under section 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties at length. Case file perused.
The sole substantive ground of the assessee’s instant appeal raises the issue that both the learned lower authorities have wrongly estimated 15% of the Nikasi of the total potatoes storaged at its plant as its trading income.
It emerges during the course of hearing that neither the assessee has been able to reconcile all the relevant details before the lower authorities nor the department could pin-point any specific defect in other audited book results. Be that as it may, it is deemed appropriate in the larger interest of justice that lump sum addition of Rs.5,00,000/- than that in question amounting to Rs.36,66,600/-, would be just and proper with a rider that the same shall not be a precedent. The assessee shall get relief of Rs.31,66,600/- in other words. Necessary computation shall follow.
Learned counsel next states very fairly that the assessee does not wish to press the issue of adhoc expenditure disallowance keeping in view the smallness of the amount. Rejected accordingly.
This assessee’s appeal is partly allowed. Order pronounced in the open court on 13THFebruary, 2025.
Sd/- Sd/- (MANOJ KUMAR AGGARWAL) (SATBEER SINGH GODARA) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 13THFebruary, 2025. *aks/- 2 | P a g e