Shri Nayan Jyoti Talukdar, Barpeta V. Income Tax Officer, Ward- Barpeta Road, Barpeta

ITA 03/GTY/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8499 (ITAT-GUWAHATI)
• Duration Of Justice: 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-10-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2014-2015
• Appeal Filed On: 02-01-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: A K BHARDWAJ
• Keywords: Business income
• Section: 144

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL GUWAHATI BENCH SMC GUWAHATI BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.03/GAU/2019 ASSESSMENT YEAR:2014-15 SRI NAYAN JYOTI TALUKDAR C/O PRADIP TALUKDAR, SORBHOG TOWN, WARD NO.3, BARPETA-781317 [ PAN NO.ADPPT 4979 D ] / V/S . INCOME TAX OFFICER, WARD-BARPETA ROAD & TPS BARPETA ROAD,- 781317 /APPELLANT .. /RESPONDENT /BY APPELLANT NONE /BY RESPONDENT SHRI A.K. BHARDWAJ, ADDL. CIT-DR /DATE OF HEARING 11-07-2019 /DATE OF PRONOUNCEMENT 10-10-2019 /O R D E R THIS ASSESSEES APPEAL FOR ASSESSMENT YEAR 2014-15 , ARISES AGAINST THE COMMISSIONER OF INCOME-TAX (APPEALS)-2, GUWAHATIS ORDER DATED 28.09.2018 PASSED IN CASE NO. 606966231310117/190, INVOLVING PROCEEDI NGS U/S. 144 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. CASE CALLED TWICE. NONE APPEARED AT ASSESSEES BEHE ST. I PROCEED EX PARTE AGAINST THE ASSESSEE IN THE INSTANT APPEAL 2. THE ASSESSEES ONLY GRIEVANCE RAISED IN THE INST ANT APPEAL CHALLENGES CORRECTNESS OF BOTH THE LOWER AUTHORITIES ACTION ES TIMATING HIS BUSINESS INCOME @ 8% OF THE TOTAL TURNOVER / RECEIPTS OF 4,89,84,499/-, COMING TO 32,00,240/- IN CIVIL CONTRACT BUSINESS. THE REVENUES ONLY CASE IS THAT SINCE THE ASSESSEE COULD NOT PROVE THE RELEVANT EXPENDITURE RECORDED IN THE BOOKS OF A CCOUNT, THE ASSESSING OFFICER ITA NO.03/GAU/2019 A.Y .2014-15 SRI NAYANA JYOTI TALUKDAR VS. ITO WD-B ARPETA ROAD & TPS PAGE 2 REJECTED HIS BOOK RESULT FOLLOWED BY ESTIMATION OF THE IMPUGNED INCOME ELEMENT. I FIND THAT NEITHER OF THE LOWER AUTHORITY HAS DRAWN A COMPARATIVE ANALYSISOF THE CORRESPONDING PROFIT RATE IN ASSESSEES CASE IN EAR LIER OR LATTER ASSESSMENT YEARS. THE FACT ALSO REMAINS THAT THE ASSESSEE HAS FAILED TO E XPLAIN ALL THE BOOK RESULTS BY WAY OF SUPPORTIVE EVIDENCE. I THEREFORE DEEM IT APPROPRIAT E IN THESE PECULIAR CIRCUMSTANCES THAT THE IMPUGNED GROSS PROFIT ELEMENT @ 7.5% THAN 8% WOULD MEET THE ENDS OF JUSTICE WITH A RIDER THAT SAME SHALL NOT BE TREATED AS A PRECEDENT IN ANY OTHER ASSESSMENT YEAR. 3. THIS ASSESSEES APPEAL IS PARTLY ALLOWED IN ABOV E TERMS. ORDER PRONOUNCED IN ACCORDANCE WITH RULE 34(3) OF THE ITAT RULES BY PUTTING ON NOTICE BOARD 10/10/2019 SD/- (S.S. GODARA) JUDICIAL MEMBE R GUWAHATI, *DKP/SR.PS ' - 10/10/2019 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-SRI NAYAN JYOTI TALAUKDAR, C/O PRADIP TA LUKDAR, SORBHOG TOWN, WARD NO. 3, BARPETA-781317 2. /RESPONDENT-INCOME TAX OFFICER, WARD-BARPETA ROAD & TPS PINI-781317 3. & ' , / CONCERNED CIT GUWAHATI 4. ' - / CIT (A) 5. - //& , & , / DR, ITAT, GUWAHATI 6. 1 / GUARD FILE. BY ORDER/ , /TRUE COPY/ SR. PRIVATE SECRETARY (ON TOUR) &, ITA NO.03/GAU/2019 A.Y .2014-15 SRI NAYANA JYOTI TALUKDAR VS. ITO WD-B ARPETA ROAD & TPS PAGE 3