INCOME TAX OFFICER ,WARD-1.AHMEDNAGAR, AHMEDNAGAR vs. JAI SAI TRADERS, AHMEDNAGAR
In favour of the Revenue: the Revenue's appeal was allowed. From the AI summary of this appeal.
What did the Tribunal hold?
The Tribunal held that the NFAC's restriction of the gross profit addition to 0.5% for undisclosed business turnover was arbitrary and not based on evidence. Consequently, the NFAC's order was vacated, and the assessment order was restored.
What were the facts?
The assessee, a partnership firm dealing in sugar trading, failed to file a regular return of income. The Assessing Officer (AO) made additions for unexplained cash deposits and undisclosed business turnover based on bank information. The National Faceless Appeal Centre (NFAC) confirmed the addition for unexplained cash but restricted the undisclosed turnover addition to 0.5% from the AO's 8%.
What were the issues?
Whether the NFAC's arbitrary reduction of the undisclosed business turnover addition from 8% to 0.5% was justified without any supporting evidence or comparable instances.
Which sections of the Income-tax Act were involved?
Section 139(1),Section 142(1),Section 133(6),Section 69A,Section 115BBE,Section 250
AI-generated summary — verify with the full judgment below
Income Tax Appellate Tribunal, PUNE BENCH “A”, PUNE
Before: SHRI SATBEER SINGH GODARA & SHRI INTURI RAMA RAO
Assessee by : None Revenue by : Shri Ramnath P. Murkunde Date of hearing : 30.09.2024 Date of pronouncement : 30.09.2024 आदेश / ORDER PER INTURI RAMA RAO, AM :
This is an appeal filed by the Revenue directed against the order of National Faceless Appeal Centre, Delhi dated 29.01.2024 passed u/s.250 of the Income-tax Act, 1961 (hereinafter also called ‘the Act’) for the assessment year 2017-18.
Briefly, the facts of the case are that the respondent-assessee is a partnership firm stated to be dealing in Trading of Sugar and defunct owing to incurring of losses. No regular return of income under the provisions of section 139(1) was filed by the appellant for the A.Y. 2 2017-18. Based on the information that the appellant made cash deposits during the demonetization period to the extent of Rs.76,50,000/- with Shahar Sahakari Bank, Ahmednagar and Rs.5,54,000/- with Nashik Merchants Co.op Bank Ltd., Nashik, the Assessing Officer (AO) issued notice u/s.142(1) calling upon the appellant to file the return of income. The appellant had not complied with the notice u/s.142(1). The Assessing Officer, after calling for the statements of the transaction from the concerned banks u/s.133(6), proceeded with framing of the assessment. On verification of the said bank statements, the AO found that during the demonetization period, the appellant made cash deposit of Rs.54,76,000/- with Shahar Sahakari Bank, Ahmednagar and Rs.3,67,000/- with Nashik Merchants Co.op Bank Ltd., Nashik. Thus, the AO made addition of cash deposit to the tune of Rs.58,43,000/- as unexplained money u/s.69A invoking the provisions of section 115BBE of the Act. The AO also made addition of Rs.5,18,45,870/- treating the cash deposits in the bank account as undisclosed business turnover of the respondent-assessee firm by estimating the gross profit at 8% of the turnover.
Being aggrieved by the above additions, an appeal was filed before the NFAC challenging the addition of Rs.58,43,000/- made u/s.69A of the Act and the addition of Rs.5,18,45,870/- made on the undisclosed turnover of the business of respondent-assessee firm, applying gross profit ratio at 8%. The NFAC while confirming the addition made u/s.69A of the Act, however, restricted the addition made on account of undisclosed business turnover to 0.5% of the turnover as against 8% adopted by the Assessing Officer.
3 4. Being aggrieved by the restriction of addition to 0.5% of the undisclosed turnover of the respondent-assessee firm, the Revenue is in appeal before the Tribunal in the present appeal.
The ld. DR submits that the finding of the NFAC restricting the gross profit addition in respect of undisclosed business turnover to 0.5% as against 8% made by the Assessing Officer is arbitrary, not based on any comparable instances of similar nature of business. Therefore, the order of the NFAC be vacated.
On the other hand, none appeared on behalf of the respondent- assessee firm despite due service of notice of hearing. The matter was already adjourned three times earlier. We therefore proceed to dispose of the appeal after hearing the ld. Departmental Representative.
We heard the ld. Sr. DR and perused the material on record. The respondent-assessee firm is stated to have engaged in Trading of Sugar. No regular return of income under the provisions of section 139(1) was filed for the assessment year under consideration. During the course of assessment proceedings, the Assessing Officer found that appellant made total cash deposits in the bank accounts excluding cash deposits during demonetization period to the tune of Rs.64,80,73,379/-. He treated such deposits as undisclosed business turnover of the respondent- assessee firm and estimated the income at 8% of the turnover. However, on appeal before the NFAC, the NFAC while confirming the action of the AO made u/s.69A of the Act, however, restricted the addition made on account of undisclosed business turnover of the respondent-assessee firm to 0.5% of such turnover, without referring to any comparable 4 instances of similar business. Thus, the approach of the NFAC adopting 0.5% of the undisclosed turnover as gross profit is arbitrary and not based on any evidence. Therefore, the order of the NFAC is vacated restoring the assessment order. Accordingly, the grounds of appeal filed by the Revenue stands allowed.
More judgments on Section 139(1)
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- Mata Lachmi Rotary Charitable Society… vs Income Tax Officer, Exemption Ward - 1…ITA 310/RJT/2025[2022-23]Status: Disposed16 Oct 2026AY 2022-23
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