DEPUTY COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE-4(3), KOLKATA, KOLKATA vs. GAURANG ALLOYS AND IRON LIMITED, KOLKATA
In the result, the appeal of the revenue is dismissed
ITA 1257/KOL/2025[2020-21]Status: DisposedITAT Kolkata23 Dec 2025AY 2020-21
Bench: Shri Rajesh Kumar, Accountantmember & Shri Pradip Kumar Choubey, Judicialmember Assessment Year: 2020-21 Dcit, Central Circle-4(3), Kolkata…....………..............................……….……Appellant Vs. Gaurang Alloys & Iron Ltd...………….……………………...……...…..…..Respondent 402A, Mangalam, 24/26, Hemanta Basu Sarani, Kol-1.. [Pan: Aaccg1485A] Appearances By: Dr. Anup Biswas, Cit-Dr,Appeared On Behalf Of The Appellant. Shri S. Jhajharia, Ar, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 30, 2025 Date Of Pronouncing The Order :December 23, 2025 Order Per Rajesh Kumar: This Is An Appeal Preferred By The Revenue Against The Order Of The Cit(Appeals)-27, Kolkata (Hereinafter Referred To As The “Ld. Cit(A)”] Dated 25.02.2025Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’)For The Ay 2020-21. 2. The Only Issue Raised By The Revenue In This Appeal Is Against The Order Of Ld. Cit(A) Treating The Undisclosed Cash Sales/Receipts Of Rs.7,54,07,283/- As Business Transaction & Directing The Ao To Apply G.P Rate @ 6.5% To Determine The Profit From The Undisclosed Sales/Receipts.
Section 132(1)Section 139(1)Section 143(1)Section 153ASection 250Section 68
…hegoods which have been sold has been made by the assessee and that has also not beendisclosed, such addition could not be sustained.” 6.2.7. Further I rely on the decision in the case of ‘Commissioner of Income Tax v. SamirSynthetics Mill, reported in (2010) 326 ITR 410’, wherein the Hon’ble Gujrat High Courtconfirmed the view of the Tribunal accepting only the profit of unaccounted sale for thepurpose of collecting tax. 6.2.8. In the case of ‘PR. Commissioner of Income Tax-2 Vs. Rameshwar Textile MillsLtd’ ITA 527 & 528 of 2015’, the Hon’ble Gujrat High Court had held the following: 4 Gaurang Alloys and Iron Lt…