ITO, SRIGANGANAGAR V. Smt. Savitri Devi, SRIGANGANAGAR

ITA 345/JODH/2014

• Counselvise Citation: [2014] 120 COUNSELVISE.COM (IT) 7816 (ITAT-JODHPUR)
• Duration Of Justice: 3 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-09-2014
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 28-05-2014
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ALSO SALE PRICE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE SHRI HARI OM MARATHA , JUDICIAL MEMBER AND SHRI N.K.SAINI, ACCOUNTANT MEMBER ITA NO. 34 5 / JU/ 20 1 4 ASSESSMENT YEAR: 200 9 - 1 0 THE I.T .O VS. SMT. SAVITRI DEVI WARD - 3 PROP. M/ S BHAWANI I NTT UDYOG SRIGANGANAGAR 16, BNW, NEAR SIAGANWALI SRIGANGANAGAR PAN NO. AIJPD 3150 F (APPELLANT) (RESPONDENT) A SSESSEE B Y : NONE DEPARTMENT B Y : SHRI N.A. JOSHI , DR DATE OF H EARING : 14 . 0 8 .201 4 DATE O F PRONOUNCEMENT : 03 . 0 9 . 201 4 ORDER PER HARI OM MARATHA , J .M. TH IS APPEAL BY THE REVENUE IS DIRECTED A GAINST THE ORDER OF THE CIT (A) , BIKANER DATED 12 . 0 3 .20 1 4 PERTAINING TO A.Y 20 09 - 10 . 2 2. THE SOLE GROUND RAISED IN THIS APPEAL IS AGAINST THE DELE TION OF TRADING ADDITION OF RS. 20,32,776/ - MADE U/S 145(2) OF THE ACT. THE ASSESSEE OWNS A BRICK - KLIN AND MANUFACTURES BRICKS. FOR A.Y. 2009 - 10, THE ASSESSEE HAS SHOWN SAL E S [IN LAKHS] AS UNDER: A.Y. GROSS SALES GROSS PROFIT NET PROFIT G.P. RATE N.P. RATE 2009 - 10 21.32 3.78% 1.28 17.73 6% 2008 - 09 21.40 3.79% 1.27 17.71 5.93% 2007 - 08 11.51 2.27% 0.68 19.72 5.9% THE A.O HAS FOUND VARIOUS DEFECTS IN ASSESSEES BOOKS OF ACCOUNT AND HAS INVOKED SECTION 145(2). HE HAS MADE ESTIMATION IN PRODUCTION I N BRICKS AND ALSO SALE - PRICE AND HAS MADE IMPUGNED ADDITION OF RS. 20,32,776/ - . THIS ADDITION HAS BEEN DELETED BY THE LD. CIT(A) AFTER FINDING THE NET PROFIT SHOWN IN THIS YEAR BEING BETTER THAN THE PAST YEARS. HE HAS ALSO FOLLOWED VARIOUS DECISIONS OF T HIS BENCH REND E RED IN SIMILAR CASES. THEREFORE, EVEN AFTER REJECTION OF BOOKS, SEEING THE PAST HISTORY OF THE ASSESSEE , NO ADDITION CAN BE 3 MADE. THERE IS NO FALLACY IN THE FINDING OF THE LD. CIT(A). GROUND OF APPEAL RAISED BY THE REVENUE STANDS DISMISSED . 3 . IN THE RESU LT, THE APPEAL OF THE REVENUE IN ITA NO. 34 5 /JU/2014 STANDS DISMISSED. ORDER PRON OUNCED IN THE COURT ON SEPTEMBER , 2014. SD/ - SD/ - (N.K.SAINI) [HARI OM MARATHA] ACCOUNTANT MEMBER JUDICIAL MEM B ER DATED : 03 RD SEPTEMBER , 201 4 VL/ - COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT BY ORDER 4. THE CIT(A) 5. THE DR SENIOR P RIVATE SECRETARY ITAT, JODHPUR