Ashok Kumar Agarwal, Ghaziabad V. ITO, Ghaziabad

ITA 1540/DEL/2016

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 7025 (ITAT-DELHI)
• Duration Of Justice: 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-07-2016
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC 1
• Next Hearing Date: 12-07-2016
• Assessment Year: 2008-2009
• Appeal Filed On: 23-03-2016
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC-I: NEW DELHI BEFORE SHRI P.K.BANSAL, ACCOUNTANT MEMBER ITA NO.:- 1540/DEL /2016 ASSESSMENT YEAR: 2002-03 ASHOK KUMAR AGARWAL, C/O A.K. GOEL & ASSOCIATES, 57, NAVYUG MARKET, GHAZIABAD 201001 PAN AICPK4100D VS. ITO WARD-1(1), CGO COMPLEX-1, HAPUR ROAD, GHAZIABAD 201 011 (APPELLANT) (RESPONDENT) O R D E R THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. CIT(A) DATED 01.12.2015. NONE APPEARED ON BEHAL F OF THE ASSESSEE. I THEREFORE DECIDED TO DISPOSE OFF THE APPEAL AFTER HEARING THE LD. DR. 2. THE ASSESSEE HAS TAKEN AS MANY AS EIGHT GROU NDS OF APPEAL. THE ONLY ISSUE INVOLVED IN THE APPEAL FILED BY THE ASSE SSEE RELATES TO THE ADDITION MADE ON ACCOUNT OF ESTIMATING THE NET PROF IT. ASSESSEE BY : NONE DEPARTMENT BY : SHRI DEEPAK GARG, SR. D R DATE OF HEARING 12 /07 /2016 DATE OF PRONOUNCEMENT 12 /07 /2016 ITA NO. 1540/DEL/2016 2 3. I HAVE HEARD THE LD. DR AND CAREFULLY CONSI DERED THE SUBMISSION MADE BY THE LD. DR. I NOTED THAT IN THIS CASE THE A O ESTIMATED THE NET PROFIT OF THE ASSESSEE @ 1% AGAINST THE NET PROFIT SHOWN BY THE ASSESSEE @ .25%. I NOTED THAT THE AO HAS NOT INVOKE D THE PROVISION OF SECTION 145(3). IT IS ONLY THE PROVISION OF SECTION 145(3) WHICH EMPOWERS THE AO TO DETERMINE THE INCOME OF THE ASSE SEE IN THE MANNER AS LAID DOWN U/S 144. WITHOUT INVOKING THE PROVISIO N OF SECTION 145(3) IN MY OPINION THE AO DOES NOT HAVE ANY JURISDICTION TO ESTIMATE THE NET PROFIT OF THE ASSESEE. IN VIEW OF THIS FACT I DELET E THE ADDITION OF RS. 7,54,811/- MADE BY THE AO BY ESTIMATING THE NET PR OFIT. 4. IN THE RESULT THE APPEAL FILED BY THE ASSESS EE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 12/07/2016. SD/- (P.K. BANSAL) ACCOUNTANT MEMBER DATED: 12/07/2016 VEENA COPY FORWARDED TO 1. APPLICANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, NEW DELHI