RAJASTHAN WINE AGENCY v. COMMISSIONER OF INCOME TAX & ANR
[Citation -2005-LL-1130-18]
Citation | 2005-LL-1130-18 |
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Appellant Name | RAJASTHAN WINE AGENCY |
Respondent Name | COMMISSIONER OF INCOME TAX & ANR. |
Court | ITAT |
Relevant Act | Income-tax |
Date of Order | 30/11/2005 |
Assessment Year | 1985-86 |
Judgment | View Judgment |
Keyword Tags | enhanced addition • net profit rate • stock register • closing stock • book result |
Bot Summary: | Though the appeal was admitted on five substantial questions of law but M r. Kasliwal, counsel appearing for the appellant-assessee submits that the effective issue is in question No. 3, which reads as under: Whether the Tribunal was justified in sustaining the addition at Rs. 1.50 lakhs on the appeal filed by the Revenue against the order of CIT(A), irrespective of the fact that the Tribunal has accepted, that order passed by the CIT(A) is reasoned one The appellant is a partnership firm and derived income from sale of liquor. The AO reconsidered the matter and the material placed before it and after considering the material, estimated the sales of the assessee as Rs. 4,00,00,000 and after applying a net profit at the rate of 3 per cent made the addition of Rs. 12,00,000 in the income and after allowing the depreciation, he assessed the income of the appellant as Rs. 18,12,289. The CIT(A) reduced the addition from Rs. 12,00,000 to Rs. 1,20,000. The assessee has not chosen to challenge the addition of Rs. 1,20,000. The Department challenged the order of CIT(A) in appeal before the Income-tax Appellate Tribunal whereby addition of Rs. 12,00,000 has been reduced to Rs. 1,20,000. Thus, keeping all the facts in view, the AO has estimated the total sales including rebate of the assessee at Rs. 4,00,00,000 and in view of inadequacy of the accounts, a net profit rate of 3 per cent was considered to be reasonable and thus, the AO assessed the net income of the assessee to Rs. 12,00,000 that has been reduced to Rs. 1,20,000 by the CIT(A) and the same has been accepted by the assessee as no appeal was filed by the assessee and in the appeal filed by the Department, the Tribunal has enhanced the net income from Rs. 1,20,000 to Rs. 1,50,000. The Tribunal has finally sustained the addition of Rs. 1,50,000. |