2012 (5) TMI 755 - AT - Income Tax

Summary

Issues involved: Assessment of gross profit rate, treatment of unexplained cash credits, disallowance of depreciation.

Assessment of gross profit rate:
The appellant, an individual running a wine shop, challenged the estimation of sales by the assessing officer based on a gross profit rate of 20%. The appellant argued for a net profit rate of 3% citing a previous case. The Department, however, highlighted the prevalent business practices in the liquor trade where sales prices exceed the MRP. The Tribunal directed the Assessing Officer to estimate net profit at 5% of purchases or stock put for sale, ensuring the assessed income is not less than the returned income.

Treatment of unexplained cash credits:
The appellant failed to prove the source of unsecured loans from foster parents, leading to additions under section 68 of the Act. Despite submitting a document signed by relatives, the genuineness of the transactions was doubted. The Tribunal upheld the CIT(A)'s decision, stating that the document appeared fabricated and lacked essential details, resulting in the dismissal of this ground of appeal.

Disallowance of depreciation:
Regarding the disallowance of depreciation on a car, the CIT(A) reduced the claim by 1/4th due to potential personal use. The Tribunal affirmed this decision, recognizing the possibility of personal usage and dismissing the appellant's appeal on this ground.

In conclusion, the Tribunal partly allowed the appeal, adjusting the assessment of gross profit rate while upholding the treatment of unexplained cash credits and the disallowance of depreciation.