No AI summary yet for this case.
Income Tax Appellate Tribunal, CUTTACK BENCH, CUTTACK
Before: S/SHRI N.S SAINI & PAVAN KUMAR GADALE
IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK
BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER
ITA No.276/CTK/2014: Assessment Year :2007-08 ITA No.277/CTK/2014: Assessment Year :2008-09 ITA No.278/CTK/2014: Assessment Year :2009-10
Bhaskar Traders, Toshniwala Vs. ACIT, Berhampur Complex, Bye Pass Road, Hatapada, Jeypore. PAN/GIR No. AAFFB 7101 Q (Appellant) .. ( Respondent)
Assessee by : Shri D.K.Sheth, AR Revenue by : Shri Kunal Singh, CIT DR/Shri D.K.Pradhar, DR
Date of Hearing : 13/07/ 2017 Date of Pronouncement : 14 /07/ 2017
O R D E R Per N.S.Saini, AM These are appeals filed by the assessee against separate orders of
CIT(A)-Berhampur, all dated 14.3.2014, for the assessment years 2007-
08, 2008-09 & 2009-2010.
The common ground taken in all the appeals is that the CIT(A) was
not justified in confirming the order of the Assessing Officer in estimating
income @ 12.5% of the bank deposits amounting to Rs.62,22,570/- for the
2 ITA No.27 6/CTK /20 14: A sse ssment Yea r :20 07- 0 8 ITA No.27 7/CTK /20 14: A sse ssment Yea r :20 08- 0 9 ITA No.27 8/CTK /20 14: A sse ssment Yea r :20 09- 1 0
assessment year 2007-08, Rs.89,02,298/- for the assessment year 2008-
09 and Rs.82,71,344/- for the assessment year 2009-2010.
Brief facts of the case are that the assessee firm owns a paddy unit.
A search and seizure operation was conducted in its business premises and
also the residential premises of its partner Shri G.Bhaskar Rao on
21.1.2009. The Assessing Officer issued notice u/s.153A on 30.6.2009. In
response to the same, the assessee filed return of income for the impugned
assessment years. During the scrutiny proceedings, the Assessing Officer
found that during the course of search and seizure operation, some bank
accounts were found and seized, the details transaction appearing in the
said bank accounts are as under:
S.No Name of the Account Account No Fin.Yr Total amount holder credited during the year (in Rs.) Andhra Bank 1 Sri Komulu Gadaba 300015 2006-07 5,19,557 2007-08 12,02,921 2008-09 19,80,963 2 Sri Nilakantha Bandhani ABG 00112193 2006-07 6,50,073 2007-08 4,35,526 3 Sri Nilambar Gadaba SB 00013091 2006-07 95,520 2007-08 14,14,816 2008-09 20,38,769 4 Doki Nagaraju SB 00052158 2005-06 1,00,981 2006-07 11,44,997 2007-08 13,90,046 2008-09 1,71,825 5 Giridhar Jani SB ABJ/00200854 2008-09 18,22,080 6 Khagapati Pujari SB 00112190 2006-07 7,84,968 2007-08 19,31,948 2008-09 5,00,410 7 G.Venkata Ramana SB ASBP 300004 2006-07 4,72,227 2007-08 4,75,391 Koraput Panchabati Gramya Bank :
3 ITA No.27 6/CTK /20 14: A sse ssment Yea r :20 07- 0 8 ITA No.27 7/CTK /20 14: A sse ssment Yea r :20 08- 0 9 ITA No.27 8/CTK /20 14: A sse ssment Yea r :20 09- 1 0
1 Suru Nageswar Rao USS-108 2006-07 7,70,051 2007-08 6,37,954 2008-09 6,10,647 Utkal Gramya Bank, Jeypore 1 D.Ramalingeswar Rao USS-155 2006-07 1,21,161 2007-08 4,99,570 2008-09 6,92,462 Union Bank of India, 1 Jeypore Rupali Jagar Paltnalk SB 8748 2006-07 5,43,359 2007-08 1,64,294 2008-09 2,08,250 Bank of India, Jeypore 1 V.Sekhar & S.Balaji SB 357 2006-07 11,20,657 2007-08 7,49,832 2008-09 2,45,938
In reply to the query of the Assessing Officer, the assessee submitted
that the firm had no business with the bank pass books of Shri Komulu
Gadaba, Nilakantha Bandani, Nilambar Gadaba, Khagupati Pujari, G.
Venkata Ramana, Suru Nageswar Rao, D. Ramalingeswar Rao, Rupali Jagar
Patnaik and V. Sekhar during the course of search conducted at the
premises of the assessee. The modus operandi was that agencies like
NCMSL, OSCSC, etc used to collect the paddy from different cultivators and
give the same to rice mills for its milling. Once the paddy is processed and
the rice is delivered by the said rice mills, agency issues cheques to the
cultivators who have supplied the paddy. The cultivators who used to
supply their paddy to the agencies like NCMSL, OSCSC etc are illiterate and
have no knowledge about the banking operation. The bank cheques
received from the agency against supply of paddy are being deposited into
the bank account with the assistance from accountants and other staff of
4 ITA No.27 6/CTK /20 14: A sse ssment Yea r :20 07- 0 8 ITA No.27 7/CTK /20 14: A sse ssment Yea r :20 08- 0 9 ITA No.27 8/CTK /20 14: A sse ssment Yea r :20 09- 1 0
the assessee firm. To minimize the cost of transportation and other
incidental cost, the agencies namely OSCSC and NCMSL have directed the
cultivators to deliver their paddy at asessee 's premises instead of bringing
the same to their storage houses. During the assessment years in question,
the cultivators namely Sri Komulu Gadaba, Nilakantha Bandani, Nilambar
Gadaba, Khagupati Pujari, G Venkata Ramana, Suru Nageswar Rao, D
Ramalingeswar Rao, Rupali Jagar Patnaik and V Sekhar have supplied their
paddy to OSCSC and NCMSL. However, they were asked to deliver the
paddy at assessee's premises. The assessee received the paddy for milling
and after processing, the rice is delivered to the destination of the agency.
Once the rice is received by the agency, the cultivators started getting
cheques from the NCMSL and OSCSC. The cultivators or farmers used to
take assistance from the staff for filling up the bank voucher Therefore, the
assessee has no relation with the transactions made by the above said
cultivators with the agencies.
The Assessing Officer did not accept the explanation of the assessee
and observed that during the course of assessment proceedings, statement
on oath was recorded from the Bank account holder, wherein, it was
revealed that they do not possess any agricultural land in their own names.
The agricultural lands are in the names of their respective grandfathers or
taken on lease. The assessee also could not produce any evidence of
having supplied paddy to agencies like NCMSL and OSCSC. He, therefore,
held that the account holders do not have any agricultural produce. The
5 ITA No.27 6/CTK /20 14: A sse ssment Yea r :20 07- 0 8 ITA No.27 7/CTK /20 14: A sse ssment Yea r :20 08- 0 9 ITA No.27 8/CTK /20 14: A sse ssment Yea r :20 09- 1 0
deposits in the bank account were the deposits of M/s. Bhaskar Traders and
not of the account holders, as claimed. In view of above, the amount of
Rs.62,22,570/- for the assessment year 2007-08, Rs.89,02,298/- for the
assessment year 2008-09 and Rs.82,71,344/- for the assessment year
2009-2010 credited in the SB accounts of different banks held on different
names were treated as assessee’s undisclosed sales/turnover.
Thereafter, the Assessing Officer observed that in this line of business
the gross profit varies from 10-15% of the turnover. He keeping the natural
justice in view, estimated the gross profit at 12.5% and, accordingly
estimated the income of the assessee at Rs.7,77,821/- for the assessment
year 2007-08, Rs.11,12,787/- for the assessment year 2008-09 and
Rs.10,33,918/- for the assessment year 2009-2010.
On appeal, the CIT(A) confirmed the action of the Assessing Officer.
Before us, the only submission of the assessee is that the net profit
should be estimated @ 8%.
Ld D.R. argued that these deposits in the bank accounts are not
reflected in the books of account of the assessee. The assessee has already
claimed all the expenses relating to its business, therefore, the CIT(A) was
fully justified in estimating gross profit at 12.5% and estimating the income
of the assessee for the assessment years under appeal.
In the rejoinder, ld A.R. simply reiterated the submissions made
earlier but could not controvert the above submissions made by ld D.R.
6 ITA No.27 6/CTK /20 14: A sse ssment Yea r :20 07- 0 8 ITA No.27 7/CTK /20 14: A sse ssment Yea r :20 08- 0 9 ITA No.27 8/CTK /20 14: A sse ssment Yea r :20 09- 1 0
After considering the rival submissions and perusing the materials on
record, we find that no material could be brought on record by ld A.R. of
the assessee to show that estimation of income from undisclosed deposits
in bank accounts found during the course of search by applying the gross
profit @ 12.5% was higher. Further, no material could be brought to
controvert the findings of ld D.R. that every expense relating to the
business of milling of paddy was already claimed by the assessee in its
books of account. In view of above uncontroverted findings, we find no
good reason to interfere with the order of the CIT(A), which is hereby
confirmed and dismiss the ground of appeal of the assessee.
In the result, the appeals filed by the assessee are dismissed. Order pronounced on 14 /07/2017. Sd/- sd/- (Pavan Kumar Gadale) (N.S Saini) JUDICIALMEMBER ACCOUNTANT MEMBER Cuttack; Dated 14 /07/2017 B.K.Parida, SPS Copy of the Order forwarded to : 1. The Appellant : Bhaskar Traders, Toshniwala Complex, Bye Pass Road, Hatapada, Jeypore. 2. The Respondent. ACIT, Berhampur 3. The CIT(A) Berhampur 4. Pr.CIT, Bhubaneswar 5. DR, ITAT, Cuttack 6. Guard file. //True Copy// BY ORDER,
SR.PRIVATE SECRETARY ITAT, Cuttack