Shri Kamal KumarC/o- Garg Rajendra & Co., CA Radhika-Nandan, Be-Narain Gate, Bharatpur, Bharatpur V. ITO Ward-2, Bharatpur, Ward-2, Bharatpur

ITA 717/JPR/2019

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 9775 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 1 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-07-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2015-2016
• Appeal Filed On: 17-05-2019
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Rejection of books of accounts; FORM 26AS
• Section: 145; 143(3); 37(1); 201; 44AB; 145(3)

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENC HES A JAIPUR JH FOT; IKY JKO] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS[KK LNL; DS LE{K BEFORE: SHRI VIJAY PAL RAO, JM & SHRI VIKRA M SINGH YADAV, AM VK;DJ VIHY LA- @ ITA NO. 717/JP/2019 FU/KZKJ.K O'K Z @ ASSESSMENT YEAR :2015-16 KAMAL KUMAR S/O SHRI GOPAL SINGH R/O NADIYA MOHALLA BHARATPUR CUKE VS. THE ITO, WARD -2, BHARATPUR LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN/GIR NO.: DMSPK9842K VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ L S@ ASSESSEE BY : SH. RAJENDRA AGARWAL (CA) JKTLO DH VKSJ LS @ REVENUE BY : SH. K. C. GUPTA (JCIT) LQUOKBZ DH RKJH[ K@ DATE OF HEARING : 02/07/2020 MN?KKS'K.KK DH RKJH[ K@ DATE OF PRONOUNCEMENT: 03/07/2020 VKNS'K@ ORDER PER: VIKRAM SINGH YADAV, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD. CIT(A)- 22, ALWAR DATED 26.12.2018 WHEREIN THE ASSESSEE HAS TAKEN FOLLOWING GROUNDS OF APPEAL:- 1. THE LD CIT(A) HAS ERRED IN NOT ALLOWING THE GRO UND OF APPEAL THAT THE LD. AO ERRED IN ARBITRARY REJECTING THE TR ADING RESULTS INVOKING THE PROVISIONS OF SECTION 145(3) OF THE I.T. ACT. 2. THE LD CIT(A) HAS ERRED IN CONFIRMING THE TRADIN G ADDITION OF RS. 2,59,620/- OUT OF TRADING ADDITION OF RS. 5,18, 728/- MADE BY THE LD. AO. 2. IN GROUND NO. 1, THE ASSESSEE HAS CHALLENGED THE REJECTION OF BOOKS OF ACCOUNTS U/S 145(3) OF THE ACT. DURING THE COURSE O F HEARING, THE LD. AR SUBMITTED THAT ASSESSEE IS A LIQUOR CONTRACTOR AND DOING THE BUSINESS AT A ITA NO. 717/JP/2019 SHRI KAMAL KUMAR, BHARATPUR VS. ITO, WARD-02, BHA RATPUR 2 VERY REMOTE AREA OF ROOPWAS TEHSIL OF BHARATPUR DIS TRICT. THE ASSESSEE WAS NEW IN THIS LINE OF BUSINESS AND IT WAS THE FIRST Y EAR OF HIS BUSINESS AND HE DID NOT HAVE ANY LIQUOR BUSINESS EXPERIENCE. BEING UNEXPERIENCE IN THE LINE AND WITHOUT HAVING THE REQUIRED EDUCATION, THE PROF ITABILITY WAS VERY LOW, THOUGH HE EARNED GOOD CASH PROFITS. THE GROSS PROFI T AND NET PROFIT SHOWN ARE ACTUAL, CORRECT AND TRUE PROFITS. THE ENTIRE PU RCHASES OF THE ASSESSEE ARE VERIFIABLE FROM FORM 26AS AND EACH AND EVERY PURCHA SE OF LIQUOR WAS MADE FROM DISTRICT EXCISE OFFICE, RAJASTHAN STATE GANGAN AGAR SUGAR MILLS & RSBC1, (ALL RAJASTHAN GOVERNMENT DEPARTMENTS/ CORPORATION) . NO SINGLE PURCHASE WAS MADE FROM THE MARKET OTHER THAN GOVERNMENT AGEN CY. HENCE THE ENTIRE PURCHASES ARE VOUCHED AND VERIFIABLE. AT PARA NO.3 AT PAGE NO.2 OF THE ASSESSMENT ORDER, THE LD.AO HIMSELF STATED THAT 'TH E A/R OF THE ASSESSEE ATTENDED THE ASSESSMENT PROCEEDINGS AND PRODUCED BO OKS OF ACCOUNT CONSISTING OF CASH BOOK, LEDGER ETC. WHICH WERE EXA MINED ON TEST CHECKED BASIS BUT DID NOT PRODUCE PROPER BOOKS OF ACCOUNTS AS SUCH STOCK REGISTER, DAY TO DAY STOCK REGISTER AND SALE & EXPENSES VOUCH ERS.' THE LD.AO FURTHER ALLEGED THAT MOST OF THE SALES VOUCHERS ARE NOT FUL LY VOUCHED. IN THIS REGARD, IT WAS SUBMITTED THAT THE ASSESSEE IS MAINTAINING R EGULAR BOOKS OF ACCOUNTS CONSISTING OF CASH HOOK, LEDGER, BANK BOOK, JOURNAL ETC, ALL THE PURCHASES ARE MADE FROM THE GOVERNMENT DEPARTMENTS AND IT IS NOT PRACTICABLE TO MAINTAIN THE SALE BILLS BEING SALES MADE TO THE CONSUMERS ON RETAIL BASIS HAVING PETTY VALUE. THE BOOKS OF ACCOUNTS HAD BEEN AUDITED BY TH E CHARTERED ACCOUNTANT U/S 44AB OF THE INCOME TAX ACT, 1961. STOCK DETAILS ARE NOT REQUIRED BEING NO OPENING AND NO CLOSING STOCK REMAINED IN THE PRO FIT & LOSS A/C. ALL THE GOODS TRADED BY THE ASSESSEE ARE DULY CONTROLLED BY THE GOVERNMENT, QUANTITY OF STOCK IS MAINTAINED AS PER THE NORMS OF THE EXCISE DEPARTMENT. THE PURCHASES OF LIQUOR ARE MADE FROM THE STATE GOV T. DEPTT. AND THE PRICES ARE ALSO FIXED BY THE STATE GOVT. FURTHER, ALL THE PURCHASE BILLS AND LEDGER ACCOUNTS WERE PRODUCED BEFORE THE AO IN THE COURSE OF ASSESSMENT ITA NO. 717/JP/2019 SHRI KAMAL KUMAR, BHARATPUR VS. ITO, WARD-02, BHA RATPUR 3 PROCEEDINGS AND NO SINGLE DEFECT HAD BEEN POINTED O UT BY HIM. ALL THE CASES RELIED UPON BY THE LD AO ARE VERY OLD AND ARE HAVIN G NO RELEVANCE WITH THE LIQUOR BUSINESS. HENCE KEEPING IN VIEW OF THE ABOVE SUBMISSIONS, THE LD.AO ERRED IN REJECTING THE BOOKS OF ACCOUNTS OF THE ASS ESSEE U/S 145(3). IT WAS FURTHER SUBMITTED THAT THOUGH THIS GROUND WAS TAKEN BEFORE THE LD CIT(A) AND WRITTEN SUBMISSIONS WERE FILED, HOWEVER, THE LD CIT(A) HAS NOT ADJUDICATED THIS GROUND OF APPEAL. 3. PER CONTRA, THE LD. DR SUBMITTED THAT DURING THE COURSE OF ASSESSMENT PROCEEDINGS, THE ASSESSEE HAS ADMITTED TO HAVE NOT MAINTAINED ANY DAY TO DAY STOCK REGISTER, SALES VOUCHERS, EXPENSES VOUCHE RS, THE SALES AND OTHER EXPENSES ARE NOT VERIFIABLE AND THEREFORE, THE BOOK S OF ACCOUNTS MAINTAINED BY THE ASSESSEE WERE HELD NOT RELIABLE AND HAD RIGH TLY BEEN REJECTED BY THE ASSESSING OFFICER BY INVOKING THE PROVISIONS OF SEC TION 145(3) OF THE ACT. IT WAS ACCORDINGLY SUBMITTED THAT THERE IS NO INFIRMIT Y IN THE ORDER OF AO IN REJECTING THE BOOKS OF ACCOUNTS OF THE ASSESSEE AND THE GROUND OF APPEAL SO TAKEN BY THE ASSESSEE BE DISMISSED. 4. IN GROUND NO. 2, THE ASSESSEE HAS CHALLENGED TH E SUSTENANCE OF TRADING ADDITION OF RS. 2,59,620/- BY THE LD. CIT(A ) OUT OF TOTAL TRADING ADDITION OF RS. 5,18,728/- MADE BY THE AO. IN THIS REGARD, THE LD. AR SUBMITTED THAT THE ASSESSEE DECLARED GROSS PROFIT O F RS. 47,69,239/- ON TURNOVER OF RS. 5,28,79,672/- ON THE BASIS OF ACTUA L PURCHASE FROM GOVERNMENT AGENCIES DULY VERIFIED FROM FORM NO. 26A S AND ACTUAL SALES MADE DURING THE YEAR. IT WAS FURTHER SUBMITTED THAT THERE WAS NO OPENING AND CLOSING STOCK AND GP DECLARED BY THE ASSESSEE C OMES TO 9.02% ON TURNOVER OF RS. 5,28,79,672/- WHICH IS TRUE AND COR RECT GROSS PROFIT WHICH SHOULD BE ACCEPTED. IT WAS FURTHER SUBMITTED THAT I N THE CASE OF SH. DEEPAK SHARMA, THE AO HIMSELF APPLIED G.P RATE OF 9.51% O N THE TOTAL TURNOVER OF ITA NO. 717/JP/2019 SHRI KAMAL KUMAR, BHARATPUR VS. ITO, WARD-02, BHA RATPUR 4 RS. 2,59,21,291/-WHEREAS THE TOTAL TURNOVER OF THE ASSESSEE IS RS. 5,28,79,672/- WHICH IS 2.04 TIMES OF SH. DEEPAK KUM AR SHARMA. HENCE, THE AO HAS ARBITRARILY APPLIED G.P. RATE OF 10% IGNORIN G THE FACT THAT THE ASSESSEE IS NEW ONE IN THE LINE OF THE LIQUOR BUSIN ESS AND SH. DEEPAK SHARMA IS A VERY EXPERIENCED PERSON IN THE FIELD. F URTHER, RELIANCE WAS PLACED ON THE CO-ORDINATE BENCH DECISION IN CASE OF SH. PRATAP SINGH TANWAR VS. ITO (2017) 59 ITR (TRIB) 594 WHEREIN THE TRIBUN AL HAS CONFIRMED THE GP RATE OF 7% BY THE LD. CIT(A) WHEREIN THE ASSESSEE I S ENGAGED IN THE SIMILAR LINE OF BUSINESS. FURTHER, RELIANCE WAS PLACED IN C ASE OF SH. ABHISHEK GUPTA VS. ITO, WARD-04, BHARATPUR VIDE ORDER DATED 11.12. 2018 FOR A.Y 2016-17 WHEREIN THE AO HAS MADE A LUMP SUM DISALLOWANCE OF RS. 50,000/- U/S 37(1) OF THE ACT AND THE G.P RATE OF 3.36 % ON TURNOVER O F RS. 2,89,81,715/- WAS ACCEPTED. SIMILARLY, RELIANCE WAS PLACED IN CASE OF SH. DHARM GOPAL VS. ITO, WARD-03, BHARATPUR VIDE ORDER DATED 11.12.2018 FOR A.Y 2016-17 WHEREIN UNDER THE SIMILAR FACTS AND CIRCUMSTANCES, THE ASSE SSMENT WAS COMPLETED U/S 143(3) BY APPLYING PROFIT RATE OF 2% ON THE TOT AL TURNOVER OF RS. 2,51,86,280/-. IT WAS ACCORDINGLY SUBMITTED THAT TH E ASSESSING OFFICER WAS NOT JUSTIFIED IN APPLYING THE GP RATE OF 10% AND MA KING HUGE TRADING ADDITION OF RS. 5,18,728/-. IT WAS FURTHER SUBMITTE D THAT THOUGH THE LD. CIT(A) HAS STATED THAT THE AO APPLIED GP RATE OF 10 % ON ESTIMATE BASIS WITHOUT GIVING ANY REFERENCE TO COMPARABLE CASES, B UT HE HIMSELF APPLIED ARBITRARILY APPLIED GP RATE @ 9.51% AS COMPARED TO 9.02% DECLARED BY THE ASSESSEE. IT WAS ACCORDINGLY SUBMITTED THAT THE ADD ITION MADE BY THE ASSESSING OFFICER AND CONFIRMED BY THE LD. CIT(A) M AY BE DELETED. 5. PER CONTRA, THE LD. DR SUBMITTED THAT THE CASE O F SH. DEEPAK SHARMA WAS BROUGHT TO THE NOTICE OF THE AO AND LD CIT(A) B Y THE ASSESSEE HIMSELF WHEREIN THE AO HAD APPLIED THE GP RATE OF 9.5%. THE REFORE, TAKING THE SAID COMPARABLE CASE INTO ACCOUNT, THE LD. CIT(A) HAS ES TIMATED THE GP RATE OF ITA NO. 717/JP/2019 SHRI KAMAL KUMAR, BHARATPUR VS. ITO, WARD-02, BHA RATPUR 5 9.51 AS AGAINST 9.02% DECLARED BY THE ASSESSEE. IT WAS ACCORDINGLY SUBMITTED THAT THE LD CIT(A) HAS ALREADY REDUCED TH E ADDITION TO 2,59,620/- WHICH IS REASONABLE AND COMPARABLE IN THE FACTS AND CIRCUMSTANCES OF THE PRESENT CASE. HENCE, THE ORDER OF THE LD. CIT(A) MA Y BE CONFIRMED AND THE GROUND OF APPEAL TAKEN BY THE ASSESSEE BE DISMISSED . 6. WE HAVE HEARD THE RIVAL SUBMISSIONS AND PERUSED THE MATERIAL AVAILABLE ON RECORD. FIRSTLY, REGARDING THE REJECTI ON OF BOOKS OF ACCOUNTS, WE REFER TO RELEVANT FINDINGS OF THE AO WHICH READS AS UNDER: DURING THE YEAR UNDER CONSIDERATION, THE ASSESSEE HAS SHOWN GROSS PROFIT OF RS, 47,69,239/- ON TOTAL TURNOVER O F RS. 5,28,79,672/- WHICH GIVES GP @9.02 %. DURING THE COURSE OF ASSESSMENT PROCEEDINGS THE AR OF THE ASSESSEE WAS A SKED TO PRODUCE ALL THE BOOKS OF ACCOUNT MAINTAINED BY THE ASSESSEE IN SUPPORT OF THE ABOVE RESULT SHOWN BY THE ASSESSEE. IN COMPLIANCE, THE A/R OF THE ASSESSEE ATTENDED THE ASSESSMENT PRO CEEDINGS AND PRODUCED BOOKS OF ACCOUNT CONSISTING OF CASHBOOK, L EDGER, ETC. WHICH WERE EXAMINED ON TEST CHECKED BASIS BUT DID N OT PRODUCE PROPER BOOKS OF ACCOUNTS AS SUCH STOCK REGISTER, DA Y TO DAY STOCK REGISTER AND SALE & EXPENSE VOUCHERS. ON EXAMINATIO N OF BOOKS OF ACCOUNT AND BILLS/VOUCHERS ON TEST CHECK BASIS AND DISCUSSION WITH THE A/R DURING THE COURSE OF ASSESSMENT PROCEEDINGS FOLLOWING DEFECTS IN THE BOOKS OF ACCOUNTS WERE NOTED:- I) STOCK REGISTER, DAY -TO -DAY STOCK REGISTER HAS NOT BEEN MAINTAINED BY THE ASSESSEE. II) THE ASSESSEE DOES NOT MAINTAIN STOCK REGISTER OF VA RIOUS TYPE OF WINE AND BEARS SOLD BY HIM. ITA NO. 717/JP/2019 SHRI KAMAL KUMAR, BHARATPUR VS. ITO, WARD-02, BHA RATPUR 6 III) FOR EXPENSES NO PROPER BILLS/VOUCHERS AVAILABLE. HE NCE, NOT VERIFIABLE. IV) MOST OF THE EXPENSES HAVE BEEN BOOKED ON THE BASIS OF SELF MADE VOUCHERS AND NOT FULLY VERIFIABLE FROM THE BIL LS/VOUCHERS. V) MOST OF THE SALES VOUCHERS ARE NOT FULLY VOUCHED. I N THE ABSENCE OF STOCK REGISTER. THE TRADING RESULT DECLARED BY T HE ASSESSEE CANNOT BE RELIED UPON. THE HON'BLE SUPREME COURT IN THE CASE OF CHHABIL DA S TRUBHUWANDAS SHAH VS CIT 59 ITR 733 (SC) HAS HELD T HAT IN ABSENCE OF QUANTITATIVE TALLY, THE FALL IN MARGIN O F PROFIT CANNOT BE EXPLAINED. THE RAJASTHAN HIGH COURT IN THE CASE OF GHASIRAM TODARMAL VS CIT REPORTED IN 196 ITR 329 HAS HELD TH AT IF THE STOCK REGISTER MAINTAINED BY THE ASSESSEE DOES NOT REFLEC T THE TRUE STAGE OF AFFAIRS OF THE ARTICLES CONSUMED OR PRODUCED THE ACTION OF REJECTION OF BOOKS OF ACCOUNT IS JUST. HERE, THE AS SESSEE EVEN DOES NOT MAINTAIN THE STOCK REGISTER, IN THE CASE OF NON MAINTENANCE OF STOCK REGISTER APPLICATION OF SECTION 145 HAS BEEN HELD JUSTIFIED IN THE CASE REPORTED AT 11 ITR 923 (ORISSA), 114 ITR ( BOM) 38 ITR 579 (SC). THE A/R OF THE ASSESSEE ADMITTED TO HAVE NOT MAINTA INED ANY DAY- TO - DAY STOCK REGISTER, STOCK REGISTER, SALES VOUCHERS, EXPENSES VOUCHERS, THE EXPENSES CLAIMED HAVE BEEN BOOKED ON THE BASIS OF SELF MADE VOUCHERS AND SALES ARE NOT VERIFIABLE. SINCE, THE ASSESSEE HAS NOT PROPERLY MAINTAINED THE STOCK REGISTER, SALES V OUCHERS AND VOUCHERS FOR EXPENSES SHOWN IN TRADING AND P&L A/C, THE BOOKS OF ACCOUNT MAINTAINED BY THE ASSESSEE ARE NOT RELIABLE . AS PER ORDER SHEET ENTRY DATED 14.11.2017 THE AR OF THE ASSESSEE WAS ASKED THAT PROPER BOOKS OF ACCOUNT WERE NOT MAINTAINED AND WHY NOT YOUR BOOKS ITA NO. 717/JP/2019 SHRI KAMAL KUMAR, BHARATPUR VS. ITO, WARD-02, BHA RATPUR 7 OF ACCOUNT WILL BE REJECTED U/S 145(3). IN VIEW OF THE ABOVE DISCREPANCIES AND LEGAL POSITION THE TRADING RESULT S DECLARED BY THE ASSESSEE ARE REJECTED INVOKING THE PROVISIONS OF SE CTION 145(3) OF THE IT ACT. 7. WE THEREFORE FIND THAT DURING THE COURSE OF ASSE SSMENT PROCEEDINGS, THE ASSESSEE WAS ASKED TO SUBMIT HIS BOOKS OF ACCOU NTS AND HE HAS ADMITTED TO HAVE NOT MAINTAINED ANY DAY TO DAY STOCK REGISTE R, SALES VOUCHERS, EXPENSES VOUCHERS AND AS A RESULT, THE AO HAS HELD THAT THE SALES AND OTHER EXPENSES ARE NOT VERIFIABLE AND THE BOOKS OF ACCOUN TS MAINTAINED BY THE ASSESSEE WERE HELD NOT RELIABLE AND WERE REJECTED B Y THE ASSESSING OFFICER BY INVOKING THE PROVISIONS OF SECTION 145(3) OF THE ACT. THERE IS NO DISPUTE THAT THE ASSESSEE BEING IN THE LIQUOR BUSINESS, THE PURCHASES MADE FROM THE GOVERNMENT CORPORATIONS AND AGENCIES ARE VERIFIABLE . AT THE SAME TIME, FOR DETERMINATION OF PROFITS, THE SALES ARE ALSO REQUIR ED TO BE VERIFIED AND PROPER RECORDS NEED TO BE MAINTAINED IN TERMS OF STOCK PUR CHASED AND SOLD OF LIQUOR WITH QUALITY, MAKE AND PRICE. NOTHING HAS BEEN BRO UGHT ON RECORD WHICH SUBSTANTIATE THE PRICE AT WHICH THE SALES HAS BEEN MADE DURING THE YEAR, WHAT PRICE THE INDIVIDUAL GOODS HAVE BEEN PURCHASED , THEIR MRP AND ACTUAL SALE PRICE. FURTHER, MAINTENANCE OF STOCK REGISTER IS ESSENTIAL NOT JUST FOR DETERMINING THE OPENING AND CLOSING STOCK BUT FOR E STABLISHING THE NECESSARY LINKAGE WITH THE GOODS PURCHASED AND SOLD DURING TH E YEAR. THE ASSESSEE MAY PLEAD FOR NON-MAINTENANCE OF SALE BILLS BEING I NVOLVED IN RETAIL SALE OF LIQUOR HOWEVER, AT THE SAME TIME, THE ASSESSEE CANN OT PLEAD NON- MAINTENANCE OF STOCK REGISTER. INFACT, WHERE THE A SSESSEE PLEAD THAT THE PURCHASES ARE VERIFIABLE, THEN WHAT STOPS HIM FROM PRODUCING THE RECORDS OF SUCH PURCHASES AND ITS LINKAGE WITH THE SALES MADE DURING THE YEAR OUT OF SUCH PURCHASES. FURTHER, BEING THE FIRST YEAR OF O PERATION CANNOT BE A GROUND FOR NON-MAINTENANCE OF PROPER BOOKS OF ACCOU NTS. THEREFORE, IN THE ITA NO. 717/JP/2019 SHRI KAMAL KUMAR, BHARATPUR VS. ITO, WARD-02, BHA RATPUR 8 ENTIRETY OF FACTS AND CIRCUMSTANCES OF THE CASE, WE UPHOLD THE REJECTION OF BOOKS OF ACCOUNTS UNDER SECTION 145(3) OF THE ACT A ND THE GROUND OF APPEAL SO TAKEN IS REJECTED. 8. ONCE THE BOOKS OF ACCOUNTS ARE REJECTED, THE AO IS REQUIRED TO ESTIMATE THE GROSS PROFIT IN THE HANDS OF THE ASSES SEE AND FOR THE PURPOSES, THE PRIOR HISTORY OF THE ASSESSEE IN HIS OWN CASE O R CONTEMPORANEOUS THIRD PARTY DATA HAS BEEN HELD AS A RELIABLE BASIS FOR ES TIMATION OF PROFITS. IN THE INSTANT CASE, THIS BEING THE FIRST YEAR OF OPERATIO N, ONE HAS TO CONSIDER THE COMPARABLE THIRD PARTY DATA OF ASSESSEE ENGAGED IN SIMILAR LINE OF BUSINESS PERTAINING TO YEAR UNDER CONSIDERATION. THE ASSESS EE HAS SUBMITTED COMPARABLE CASES OF SHRI DEEPAK KUMAR SHARMA FOR A. Y 2014-15, SHRI ABHISHEK GUPTA FOR A.Y 2016-17 AND SHRI DHARAM GOPA L FOR A.Y 2016-17. FIRSTLY, WE FIND THAT THESE CASES RELATE TO A.Y 201 4-15 AND A.Y 2016-17 AND THUS, STRICTLY SPEAKING, CANNOT ACT AS A CONTEMPORANEOUS DATA FOR YEAR UNDER CONSIDERATION WHICH IS A.Y 2015-16. THEREFORE, IN ABSENCE OF ANY CONTEMPORANEOUS DATA AVAILABLE ON RECORD, WE DECLIN E TO INTERFERE IN THE FINDINGS OF THE LD CIT(A) WHERE HE HAS ALREADY REDU CED THE TRADING ADDITION TO RS 2,59,620/- FROM RS 5,18,728/- MADE BY THE AO AND THE FACT THAT THE REVENUE IS NOT IN APPEAL AGAINST THE SAID FINDINGS AND THE LD DR HAS SUPPORTED THE SAID FINDINGS. IN THE RESULT, THE GR OUND OF APPEAL IS DISMISSED. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 03/07/2020. SD/- SD/- FOT; IKY JKO FOE FLAG ;KNO (VIJAY PAL RAO) (VIKRAM SINGH YADAV) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER ITA NO. 717/JP/2019 SHRI KAMAL KUMAR, BHARATPUR VS. ITO, WARD-02, BHA RATPUR 9 TK;IQJ@ JAIPUR FNUKAD@ DATED:- 03/07/2020 * GANESH KR. VKNS'K DH IZFRFYFI VXZSFKR@ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ@ THE APPELLANT- SHRI KAMAL KUMAR, BHARAPUR 2. IZR;FKHZ@ THE RESPONDENT- THE ITO, WARD 2, BHARATPUR 3. VK;DJ VK;QDR@ CIT 4. VK;DJ VK;QDR@ CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ@ DR, ITAT, JAIPUR. 6. XKMZ QKBZY@ GUARD FILE {ITA NO. 717/JP/2019} VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASST. REGISTRAR