2013 (12) TMI 1001 - AT - Income Tax

Determination of profit @5% of the cost of goods sold Held that - Following Income tax Officer-Ward-2, Hyderabad Versus Amaravathi Wine Shop, Hyderabad 2012 (8) TMI 706 - ITAT, HYDERABAD - Income of the assessees in the line of liquor business has to be estimated at 5% cost of sales made by them - the CIT(A) directed the Assessing Officer to determine the profit @ 5% of the cost of the goods sold - There was no infirmity in the orders of the CIT(A) Decided against Revenue.

Summary

Issues:
- Appeal against the direction of CIT(A) to determine profit @ 5% of cost of goods sold for assessees in liquor business.

Analysis:
The judgment by the Appellate Tribunal ITAT Hyderabad dealt with appeals by the Revenue against orders of the Commissioner of Income-tax(Appeals) VI, Hyderabad concerning the assessment year 2008-09. The common issue in these appeals was the direction of the CIT(A) to the Assessing Officer to determine the profit at 5% of the cost of goods sold for assessees engaged in the retail trade of liquor. The Tribunal noted that despite notice, the assessee-respondents did not appear for the hearing, except for one case. The Tribunal proceeded ex-parte for the four appeals where the assessee-respondents did not appear, as no adjournment petition was received.

The Tribunal examined the impugned orders of the CIT(A) and found that the issue was similar to cases previously decided by the Tribunal. Referring to a specific case, the Tribunal highlighted that income of assessees in the liquor business should be estimated at 5% of the cost of sales. The CIT(A) had directed the Assessing Officer to determine the profit based on this percentage, which was consistent with previous Tribunal decisions. The Tribunal upheld the orders of the CIT(A) as they were in line with the view taken by the coordinate benches of the Tribunal in similar matters. Consequently, the Tribunal dismissed all five appeals of the Revenue.

In conclusion, the judgment affirmed the direction of the CIT(A) to calculate the profit at 5% of the cost of goods sold for assessees in the liquor business, based on established Tribunal precedents. The decision was made after considering the lack of appearance by the assessee-respondents in most cases and the consistency of the approach taken in similar matters by the Tribunal.