Baby Talukdar, L/R of Lakhi Kanta Talukdar, Barpeta Road V. Income Tax Officer, Ward-Barpeta Road & TPS, Barpeta Road

ITA 165/GTY/2019

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 8513 (ITAT-GUWAHATI)
• Duration Of Justice: 5 month(s) 24 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: 16-04-2019
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: KISHOR JAIN CA SHRI A K
• Assessee Lawyers: TPS ASSAM
• Keywords: Business income
• Section: 44AD; 144

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL GUWAHATI BENCH SMC GUWAHATI BEFORE SHRI S.S, GODARA, JUDICIAL MEMBER ITA NO.165/GAU/2019 ASSESSMENT YEAR:2014-15 BABY TALUKDAR L/R LAKHI KANTA TALUKDAR HOWLY TOWN WARD NO.4 HOWLY, BARPETA ROAD, ASSAM-781315 [ PAN NO.ACVPT 6908 K ] / V/S . INCOME TAX OFFICER, WARD-BARPETA ROAD & TPS, ASSAM /APPELLANT .. /RESPONDENT /BY APPELLANT SHRI KISHOR JAIN, CA /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 31.01.2019 PASSED IN CASE NO.609352791020217/423, INVOLVING PROCEEDI NGS U/S. 144 OF THE INCOME TAX ACT, 1961; IN SHORT THE ACT. HEARD BOTH THE PARTIES. CASE FILE PERUSED. 2. THE ASSESSEES ONLY GRIEVANCE RAISED IN THE INSTANT APPEAL SEEKS TO REVERSE THE LOWER AUTHORITIES ACTION ESTIMATING GROSS PROFIT @ 8% ON THE TOTAL SALES TURNOVER OF RS.1,80,55,800/- AS PER SECTION 44AD OF THE ACT. ITA NO.165/GAU/2019 A.Y. 2014-15 BABY TALAUKDAR VS. ITO WD-BARPETA ROAD & T PS PAGE 2 3. THERE IS HARDLY ANY DISPUTE THAT THIS ASSESSEE I S A RETAIL SELLER OF INDIAN MADE FOREIGN LIQUOR (IMFL). AND ALSO THAT THE ASSESSEE C OULD NOT GET HIS CORRESPONDING EXPENSES VERIFIED BY PRODUCING ALL NECESSARY DETAIL S. LEARNED DEPARTMENTAL REPRESENTATIVE FAILS TO DISPUTE THE CLINCHING FACT THAT NEITHER THE ASSESSING OFFICER NOR THE CIT(A) HAVE DRAWN ANY COMPARATIVE CHART OF ASSE SSEES GROSS PROFITS IN PRECEDING AS WELL AS SUCCEEDING ASSESSMENT YEARS BEFORE ARRIV ING AT THE IMPUGNED ESTIMATION. I THEREFORE DEEM IT APPROPRIATE TO REDUCE THE ASSESSE ES GROSS PROFIT RATE FROM 8% TO 7.5% IN THE LARGER INTEREST OF JUSTICE WITH A RIDER THE SAME SHALL NOT BE TREATED AS PRECEDENT IN OTHER ASSESSMENT YEAR. 4. THIS ASSESSEE'S APPEAL IS PARTLY ALLOWED IN ABOVE TERMS. ORDER PRONOUNCED IN ACCORDANCE WITH RULE 34(3) OF THE ITAT RULES BY PUTTING ON NOTICE BOARD ON 10/10/2019 SD/- (S.S. GODARA) JUDICIAL MEMBE R GAUHATI, *DKP/SR.PS ' - 10/10/2019 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-BABY TALUKDAR (L/R LAKHI KANTA TALUKDAR HOWLY TOWN WARD NO.4 HOWLY, BA RPETA ROAD, ASSAM-781315 2. /RESPONDENT-ITO, WARD-BARPETA ROAD & TPS ASSAM GUWAHATI-781005 3. & ' , / CONCERNED CIT GUWAHATI 4. ' - / CIT (A)-2 GUWAHATI 5. - //& , & , / DR, ITAT, GUWAHATI 6. 1 / GUARD FILE. BY ORDER/ , /TRUE COPY/ SR. PRIVATE SECRETARY (ON TOUR) &,