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2011 (2) TMI 35 - AT - Income TaxMaintenance of books assessee submits that as per the provisions of section 44A, assessee not required to maintain the books of account because the assessee s turnover much below then Rs. 10 lakhs - assessee has not maintained the books account but has filed the prepared Balance-sheet - as per the provisions of section 44AA, the turnover of the assessee is below Rs. 10 lakhs and the assessee not required to maintain the books of account - no base to sustain the addition made by the Ld. CIT (A) , addition deleted
Issues: Challenge to impugned order of Ld. CIT (A) for A.Y. 2005-06 regarding estimation of receipts from polishing charges and overlooking section 44AA.
Estimation of Receipts from Polishing Charges: The assessee, an individual doing job work as a Gold Smith, declared total labour charges at Rs. 1,00,480/- for the relevant year. The Assessing Officer (A.O.) noted the lack of bills, vouchers, or registers for these charges. The A.O. estimated the annual income at Rs.1,60,000/-, challenging the explanation provided by the assessee. The Ld. CIT (A) restricted the estimation to Rs.1,26,000/-, citing lack of verifiable evidence for the declared income. The Tribunal found the estimation by both the A.O. and Ld. CIT (A) lacking substantial evidence, leading to the deletion of the sustained addition and allowing the appeal. Application of Section 44AA: The assessee argued that as per Section 44AA, book maintenance was not mandatory due to turnover being below Rs. 10 lakhs. The A.O. and Ld. CIT (A) did not dispute the absence of low drawings or discrepancies in the balance sheet filed by the assessee. The Tribunal observed that the balance sheet was on record, and the turnover being below the threshold exempted the assessee from maintaining books of account. Consequently, the Tribunal found no justification for the addition sustained by the Ld. CIT (A) and ruled in favor of the assessee, allowing the appeal and deleting the addition. This judgment highlights the importance of substantiated estimations and adherence to legal provisions such as Section 44AA in income tax assessments, emphasizing the need for verifiable evidence and compliance with statutory requirements to avoid unwarranted additions.
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