SHRI MAYANK KOOLWAL, Indore V. THE ITO 3(1), Indore

ITA 237/IND/2015

• Counselvise Citation: 23722714 RSA 2015
• Duration Of Justice: 8 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2015
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 13-04-2015
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: R A VERMA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE (SINGLE MEMBER CASE) BEFORE SHRI D.T. GARASIA, JUDICIAL MEMBER I.T.A.NO. 237/IND/2015 A.Y. : 2005-06 SHRI MAYANK KOOLWAL, INDORE. ITO, 3(1), INDORE. VS. APPELLANT RESPONDENT PAN NO. AHIPK7350A A PPELLANT S BY : SHRI AVINASH GAUR, ADV. RESPONDENT BY : SHRI R. A. VERMA, DR O R D E R THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A)-I, INDORE, DATED 10.11.2014 FOR THE ASSES SMENT YEAR 2005-06. DATE OF HEARING : 15 .12. 2015 . DATE OF PRONOUNCEMENT : 1 5 . 1 2 .2015 SHRI MAYANK KOOLWAL , INDORE VS. ITO, 3(1), INDORE - I.T.A.NO. 237/IND/2015 A.Y. 2005- 06 2 2 2. THE SHORT FACTS OF THE CASE ARE THAT THE ASSESSEE H AS FILED THE RETURN OF INCOME ON 31.3.2006. DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE ASSESSEE SUBMITTED THAT THE ASSESSEE DERIVES INCOME FROM PLYING OF BUS/CAR OPER ATION. THE ASSESSEE OWNS BUS, QUALIS, ASCENT AND INDICA AND HE HAS SHOWN THE INCOME OF RS. 98,700/- AND ASSESSEE CLAIM ED THAT HE COMES UNDER THE PURVIEW OF SECTION 44AE OF THE I NCOME-TAX ACT, 1961. THE AO HAS GATHERED INFORMATION FROM THE OPERATORS OF TOUR AND HE ESTIMATED THE GROSS RECEIP TS AT RS. 23 LAKHS AND ESTIMATED THE NET PROFIT AT RS. 6,57,532/ - AND AO HAS ALSO MADE ADDITION OF RS. 44,000/- ON ACCOUNT O F HOUSE HOLD EXPENSES. 3. THE MATTER CARRIED TO THE LD. CIT(A) AND THE LD. C IT(A) HAS CONFIRMED THE ADDITION OF RS. 3 LAKHS OUT OF RS . 5,58,932/- ON ACCOUNT OF ESTIMATING THE INCOME FROM VEHICLE PLYING AND RS. 44,000/- ON ACCOUNT OF LOW HOUSE HOL D WITHDRAWALS. 4. THE ASSESSEE IS IN APPEAL BEFORE ME. SHRI MAYANK KOOLWAL , INDORE VS. ITO, 3(1), INDORE - I.T.A.NO. 237/IND/2015 A.Y. 2005- 06 3 3 5. HAVING HEARD BOTH THE PARTIES AND LOOKING TO THE FA CTS AND CIRCUMSTANCES OF THE CASE, I FIND THAT THE LD. AUTHORIZED REPRESENTATIVE SUBMITTED THAT THE ADDITION OF RS. 3 LAKHS IS ON HIGHER SIDE. THEREFORE, IT MAY BE ESTIMATED ON THE LOWER SIDE. I FIND THAT THE LD. CIT(A) HAS CONFIRMED THE ADDITION OF RS. 3 LAKHS, WHICH WAS ON HIGHER SIDE. THEREFORE, I CONFI RM THE ADDITION OF RS. 2 LAKHS AND DELETE THE ADDITION OF RS 1 LAKH ON ESTIMATE BASIS AND I CONFIRM THE ADDITION OF RS. 44 ,000/- ON ACCOUNT OF HOUSE HOLD EXPENSES. I DIRECT ACCORDINGL Y. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS PARTLY ALLOWED. THIS ORDER HAS BEEN PRONOUNCED IN THE OP EN COURT ON 15 TH DECEMBER, 2015. SD/- ( D.T.GARASIA) JUDICIAL MEMBER DATED : 15 TH DECEMBER, 2015. CPU* 15