Shri Anjani Kumar Choudharhy, CHURU V. ITO, CHURU

ITA 301/JODH/2009

• Counselvise Citation: 30123314 RSA 2009
• Duration Of Justice: 2 year(s) 6 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-12-2011
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: DB
• Next Hearing Date: 07-12-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 28-05-2009
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: R H GOHEL
• Section: 145

Judgement Text

1 ITA 301-09 IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH JODHPUR. ( BEFORE SHRI R.K. GUPTA AND SHRI N.L. KALRA ) ITA NO. 301/JODH/2009 ASSTT. YEAR : 2006-07. SHRI ANJANI KUMAR CHAUDHARY, VS. THE INCOME-TAX O FFICER, M/S. SURESH KUMAR ANJANI KUMAR, WARD-1, CHURU. CHURU. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SURESH OJHA RESPONDENT BY : SHRI R.H. GOHEL DATE OF HEARING : 07.12.2011. DATE OF PRONOUNCEMENT : 15.12.2011. ORDER DATED : 15/12/2011. PER R.K. GUPTA, J.M. THIS IS AN APPEAL BY ASSESSEE AGAINST THE ORDER OF LD. CIT (A) RELATING TO ASSESSMENT YEAR 2006-07. 2. GROUND NOS. 1 TO 6 RELATE TO APPLICATION OF PROV ISIONS OF SECTION 145 AND CONFIRMING THE TRADING ADDITION BY ESTIMATING SALES AGAINST SALES SHOWN BY ASSESSEE. 3. THE ASSESSEE HAS DECLARED SALE OF RS. 60,96,872/ -. VARIOUS DEFECTS WERE NOTICED AND IT WAS FOUND THAT ASSESSEE IS INDULGING IN SALE S OUTSIDE BOOKS OF ACCOUNT. THEREFORE, ASSESSING OFFICER ESTIMATED THE SALES AT RS. 75,00, 000/- AND BY APPLYING A GP RATE AT 14% AGAINST 12.86% MADE TRADING ADDITION OF RS. 2,65,42 6/-. THE LD. CIT (A) HAS CONFIRMED THE ACTION OF THE ASSESSING OFFICER. 2 4. AFTER CONSIDERING THE SUBMISSIONS AND PERUSING T HE MATERIAL ON RECORD, WE FIND THAT THERE WERE UNRECORDED SALES OF RS. 7.00 LACS O R ODD. HOWEVER, ASSESSING OFFICER HAS ESTIMATED THE SALES AT RS. 75.00 LACS AGAINST RS. 6 0.00 LACS OR ODD SHOWN BY ASSESSEE. THERE WERE OTHER VARIOUS DISCREPANCIES IN MAINTAINI NG BOOKS OF ACCOUNT AND THERE WAS DIFFERENCE IN STOCK ALSO. KEEPING ALL THESE FACTS IN MIND AND TAKING INTO CONSIDERATION THE SUBMISSIONS AND THE ORDERS OF THE AUTHORITIES BELOW , WE ARE OF THE VIEW THAT IF A TRADING ADDITION OF RS. 1,25,000/- IS SUSTAINED THAT WILL M EET THE ENDS OF JUSTICE. WE ORDER ACCORDINGLY. 5. REMAINING ISSUE IS AGAINST CONFIRMING ADDITION O F RS. 16,545/- ON ACCOUNT OF LOW HOUSEHOLD EXPENSES. 6. THE ASSESSING OFFICER MADE ADDITION OF RS. 16,54 5/- BY OBSERVING THAT HOUSEHOLD WITHDRAWAL HAS BEEN SHOWN ON LOWER SIDE. THE LD. CI T (A) HAS CONFIRMED THE ACTION OF THE ASSESSING OFFICER. 7. AFTER CONSIDERING THE SUBMISSIONS AND PERUSING T HE MATERIAL ON RECORD, WE FIND THAT THE ASSESSEE DESERVES TO SUCCEED IN THIS GROUN D. WE HAVE ALREADY SUSTAINED A TRADING ADDITION OF RS. 1,25,000/- AND IF ANY LEAKAGE OR AN Y SHORTAGE IN HOUSEHOLD EXPENSES IS THERE, THEN THE SAME WILL TAKE CARE OF. ACCORDINGL Y SEPARATE ADDITION OF RS. 16,545/- IS DELETED. 8. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED IN PART. 9. THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 15. 12.2011. SD/- SD/- ( N.L. KALRA ) ( R.K. GUPTA ) ACCOUNTANT MEMBER JUDICIAL MEMBER JODHPUR, 3 COPY FORWARDED TO :- SHRI ANJANI KUMAR CHAUDHARY, CHURU. THE ITO WARD-1, CHURU. THE CIT (A) THE CIT THE D/R GUARD FILE (ITA NO. 301/JODH/2009) BY ORDER, AR ITAT JODHPUR.