Asstt. CIT-32(1), Mumbai vs. Sunitaben Shantilal Patel, Mumbai
In the result, appeal of the Revenue is dismissed in terms of aforesaid findings
ITA 111/MUM/2021[2015-16]Status: DisposedITAT Mumbai01 Jul 2022AY 2015-16
Bench: Shri Kuldip Singh & Shri Gagan Goyalasst. Commissioner Of Income Tax-32(1), Room No. 702, 7Th Floor, Kautilya Bhavan, Bandra Kurla Complex, Bandra (E), Mumbai-400051. ...... Appellant Vs. Sunitaben Shantilal Patel, 1903, Siddhivinayak Tower Chs Ltd. Link Road, Sudhendra Nagar, Dahisar (E), Mumbai-400068. Pan: Afhpp0267N ..... Respondent Appellant By : Sh. B.K. Bagchi, Sr. Dr Respondent By : Sh. Jigaar Mehta, Ar Date Of Hearing : 30/06/2022 Date Of Pronouncement : 01/07/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-44, Mumbai [Hereinafter Referred To As ‘The Cit (A)’] Vide Order Dated 13.08.2020 For The Assessment Year (Ay) 2015-16. The Assessee Has Raised The Following Grounds Of Appeal: 1. “Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit (A) Has Erred In Rejecting The Audited Books Of Accounts & Reducing The Turnover To Rs. 9,50,35,865/- Against Turnover Of Rs. 12,05,07,568/- As Disclosed In The Audited Books Of Accounts.” 2. “Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit (A) Has Erred In Eliminating He Profits To 8% Of The Reduced Turnover Against Addition Of Rs. 8,49,87,993/- Made By The Ao.”
For Appellant: Sh. B.K. Bagchi, Sr. DRFor Respondent: Sh. Jigaar Mehta, AR
Section 142(1)Section 271(1)
…me on cash basis whereas at certain other instances, the same is accounted for on accrual basis. The Income Tax Act, 1961 does not permit such hybrid system of accounting as per section 145 of the Act. 19. Ld. CIT(A) relied on CIT Vs. Mc Millan and Co. (1958) 33 ITR 182 (SC), which empowers CIT appeal to reject the books of accounts of the assessee by invoking the provisions of section 145(3) of the Act. Ld. CIT(A) worked out turnover of the assessee at Rs. 9,50,35,865/- as against the turnover of Rs. 9,30,08,560/- offered by the assessee. Ld. CIT(A) worked out income of the appellant at Rs. 76,02,870/- being a s…