M/s. Savala Dal Mill, Solapur V. Income-tax Officer, Ward - 2 (5), Solapur

ITA 1281/PUN/2019

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 0626 (ITAT-PUNE)
• Duration Of Justice: 3 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2019
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: SMC
• Assessment Year: 2013-2014
• Appeal Filed On: 21-08-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SACHIN Y JAWALE

Judgement Text

, - IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH SMC, PUNE . , BEFORE SHRI D. KARUNAKARA RAO, AM . / ITA NO.1281/PUN/2019 / ASSESSMENT YEAR : 2013-14 M/S. SAVALA DAL MILL, 3891, SOLAPUR ROAD, BARSHI, SOLAPUR-413401. PAN : AARFS7348N . /APPELLANT VS. ITO, WARD-2(5), SOLAPUR. . / RESPONDENT / APPELLANT BY : SHRI M. K. KULKARNI / RESPONDENT BY : SHRI SACHIN Y. JAWALE, / DATE OF HEARING : 17.12.2019 / DATE OF PRONOUNCEMENT: 17.12.2019 / ORDER PER D. KARUNAKARA RAO, AM : THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF CIT(A)-9, PUNE DATED 24.06.2019 FOR THE ASSESSMENT YEAR 2013-14. 2. BEFORE ME, AT THE OUTSET, LD. COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE IS ENGAGED IN MANUFACTURING AND TRADING ACTIVITIES OF PULSES AND TOOR DAL AND MAINTAINED THE BOOKS OF ACCOUNT. AS PER THE BOOKS OF ACCOUNT, THE GP RATE FOR THE YEAR IS 5.85%. WITHOUT EXPRESSLY REJECTING THE BOOKS OF ACCOUNT, THE ASSESSING OFFICER ESTIMATED THE GP RATE AT 6.10%. THE CIT(A) CONFIRMED THE SAME WHICH RESULTED IN AN ADDITION OF RS.2,52,595/-. WITHOUT GOING TO THE MERITS AND OTHER LEGAL ISSUE, LD. COUNSEL SUBMITTED THAT THE APPEAL CAN BE PARTLY ALLOWED BY CONFIRMING THE PART OF THE ADDITION MADE BY THE ASSESSING OFFICER IN THE ASSESSMENT. ITA NO.1281/PUN/2019 - 2 - 3. ON THE OTHER HAND, THE LD. DR FOR THE REVENUE RELIED HEAVILY ON THE ORDERS OF THE REVENUE AUTHORITIES. 4. ON HEARING BOTH THE PARTIES, I AM OF THE OPINION THAT CONFIRMING THE ADDITION OF RS.1 LAKH ON AD-HOC BASIS SHOULD BE MET THE ENDS OF JUSTICE. AS SUCH, THE BOOKS OF ACCOUNT WERE NOT REJECTED FORMALLY BY THE ASSESSING OFFICER. CONSIDERING ON AH-HOC ADDITION ON THE PROFITS OF THE ASSESSEE, I AM OF THE OPINION THAT THERE IS NO SCOPE FOR ITEM-WISE ADDITIONS AS MENTIONED IN THE GROUNDS NO.2 AND 3 OF THE APPEAL. ACCORDINGLY, THE GROUND NO.1 RAISED BY THE ASSESSEE IS PARTLY ALLOWED. GROUND NO.2 AND 3 ARE ALLOWED. GROUND NO.4, BEING CONSEQUENTIAL, AND GROUND NO.5, BEING GENERAL, ARE DISMISSED. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. ORDER PRONOUNCED ON THIS 17 TH DAY OF DECEMBER, 2019. SD/- (D. KARUNAKARA RAO) / ACCOUNTANT MEMBER / PUNE; DATED : 17 TH DECEMBER, 2019. SUJEET / COPY OF THE ORDER IS FORWARDED TO : 1. / THE APPELLANT; 2. / THE RESPONDENT; 3. THE CIT(A)-9, PUNE; 4. THE PR. CIT-6, PUNE; 5. , , - / DR SMC, ITAT, PUNE; 6. / GUARD FILE. / BY ORDER, //TRUE COPY// SENIOR PRIVATE SECRETARY , / ITAT, PUNE