KANUKUNTLA LAKSHMINARAYANA,KOTHAGUDEM vs. ITO., WARD-1, KOTHAGUDEM
What did the Tribunal hold?
The Tribunal held that while the AO's estimation of income at 8% was not accepted, a coordinate bench had previously estimated net profit at 3% in a similar case. Therefore, the AO was directed to recompute the income at 3% of the turnover.
What were the facts?
The assessee did not file his return of income for AY 2016-17. He declared Rs. 1,50,000/- income after a notice under Section 148. The AO observed cash deposits of Rs. 93,90,000/- in the assessee's bank account, which the assessee claimed belonged to his owner.
What were the issues?
Whether the cash deposits in the assessee's account were his business receipts or belonged to his owner, and the appropriate estimation of business income.
Which sections of the Income-tax Act were involved?
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, HYDERABAD BENCHES “SMC”, HYDERABAD
Before: SHRI K.NARASIMHA CHARY
सुिवधई की तधरीख/Date of Hearing: 07/10/2024 घोर्णध की तधरीख/Pronouncement on: 07/10/2024 आदेश / ORDER PER K. NARASIMHA CHARY, J.M:
Aggrieved by the order dated 05/07/2024 passed by the Commissioner of Income Tax(Appeals), National Faceless Appeal Centre (NFAC), Delhi (“learned CIT(A)”) in the case of Kanukuntla Lakshminarayana (“the assessee”) for the assessment year 2016-17, assessee preferred this appeal.
Brief facts of the case are that the assessee did not file his return of income for the assessment year 2016-17. Assessee declared his total income of Rs.1,50,000/- against notice under section 148 of the Income tax Act, 1961 (“the Act”). Learned Assessing Officer observed that the assessee had deposited cash of Rs.93,90,000/- in his account held with SBI, Kothagudem, bearing account No.62294769308 for the financial year 2015-
Assessee explained that the deposits made in the said bank account belong to his owner and proprietor, Shri Bhukya Sai Durga Uday Kiran, who requested the assessee to use his account for certain months as the owner’s bank account has become inoperative and all the cash deposits were used for purchase of liquor. But the learned Assessing Officer did not accept the contention of the assessee as the assessee failed to furnish confirmation letter from his owner. Learned Assessing Officer treated the entire cash deposit of Rs,93,00,000/- as business receipt of the assessee and made addition of Rs.7,51,200/- on account of estimation of business income @8% of the total business turnover of Rs.93,90,900/-.
In appeal, the learned CIT(A) upheld the addition made by the learned Assessing Officer and dismissed the appeal of the assessee, holding that there is no evidence to prove that the deposits in the account of the assessee are not in fact his business receipts, but those are the business receipts of the owner.
Aggrieved, the assessee preferred this appeal contending firstly that the assessee did not do any business, but it was the owner who deposited the amounts into his account and offered the same to tax in his return and secondly, that the rate of estimation of the net profit in liquor trade varies from case to case and there is no rule that 8% of the turnover shall invariably be fixed in liquor trade de hors the variation in facts.
Learned AR submitted that there are also judgements of the Tribunal where the net profit was estimated at 3% of the turnover in the sale, and therefore keeping in view the levy of privileged fee from the year 2012, estimation of net profit at 3% would meet the ends of justice. Learned AR further submitted that the assessee is a helper, earning a monthly salary of Rs.12,500/- per month, deposited cash of Rs.93,90,000/- in respect of business transactions of purchase and sale of liquor in his bank account maintained with State Bank of Hyderabad at the request of his owner for time being as his owner’s account has become inoperative. 6. Per contra, the learned DR submitted that the learned CIT(A) is justified in upholding the addition made by the learned Assessing Officer, estimating the business income @8% of the total business turnover of Rs.93,90,900/- as the assessee failed to produce any confirmation letter or documentary evidence to rebut the findings of the learned Assessing Officer.
I have gone through the record in the light of the submissions made on either side. Insofar as the estimation is concerned learned Assessing Officer estimated the income at 8% of the total business turnover. As observed by the Hon'ble High Court, the profit percentage to be adopted differs from case to case. Apart from that fact, subsequently the privilege fee is introduced and according to the learned AR it reduced the profit margin. Coordinate Bench of the Tribunal in the case of Venkateshwar Nemuri in I.T.A.No.363/Hyd/2024 after considering the facts and circumstances held that the estimate of net profit of the assessee at 3% of the turnover would meet the ends of justice. Respectfully following the view taken by the coordinate Bench of the Tribunal, I direct the learned Assessing Officer to recompute the income of the assessee at 3% of the turnover.
In the result, appeal of the assessee is allowed in part. Order pronounced in the open court on this the 7th day of October, 2024.
More judgments on Section 148
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
- Adj Agri International LLP, Rajkot vs The Income Tax Officer, Ward-1(1)(1), RajkotITA 1198/RJT/2026[2018-19]Status: Disposed21 Oct 2026AY 2018-19
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