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2021 (7) TMI 35 - AT - Income TaxReopening of assessment u/s 147 - Estimation of net profit - addition by applying estimated not profit at the rate of 0.20% on the turnover - HELD THAT - CIT-A has held that the entries appearing in his bank account were related to diamond business carried on by him on commission basis and has estimated the commission @ 0.20% on total turnover taking into account statement of assessee u/s 131 recorded during the remand proceedings before the AO admitting receipt of commission in range of 0.15% to 0.20% and comparative third party cases engaged in similar line of business as referred by the assessee himself during the appellate proceedings. Accordingly, addition of ₹ 10,72,934 was confirmed and remaining addition of ₹ 4,78,35,186/- was deleted. We therefore don t see any infirmity or perversity in the said findings of the ld. CIT(A) who has taken into consideration the entirety of facts and circumstances of the case including the additional evidence, statement of the assessee u/s 131, besides the submissions made by the assessee during the appellate proceedings. Further, the ld CIT(A) has rightly upheld the reopening of assessment u/s 147 and passing of assessment order u/s 144 of the Act. - Decided against assessee.
Issues Involved:
1. Validity of action under sections 147 and 148. 2. Validity of assessment under section 144. 3. Estimation of net profit and addition to income. 4. Charging of interest under sections 234A and 234B. Issue-wise Detailed Analysis: 1. Validity of Action under Sections 147 and 148: The assessee challenged the action taken under sections 147 and 148, claiming it was "bad in law without jurisdiction and being void ab-initio." The Tribunal noted that the Assessing Officer (AO) had sufficient material to form the belief that income had escaped assessment, given the substantial deposits in the assessee’s bank accounts and the fact that no return of income was filed. The Tribunal upheld the reopening of assessment under section 147 and the issuance of notice under section 148 as valid and in accordance with the provisions of law. 2. Validity of Assessment under Section 144: The assessee also contested the assessment completed under section 144, arguing it was invalid. The Tribunal observed that the AO had made several attempts to serve statutory notices, which were either not complied with or returned undelivered. Given the non-compliance and the time-barred nature of the case, the AO was compelled to complete the assessment ex-parte under section 144 based on the available records. The Tribunal held that the completion of assessment under section 144 was valid and in accordance with the provisions of law. 3. Estimation of Net Profit and Addition to Income: The AO initially estimated a net profit of 8% on total credit entries/deposits of ?61,13,51,505, resulting in an addition of ?4,89,08,120 as income from undisclosed sources. On appeal, the CIT(A) considered the assessee's explanation and evidence, including books of accounts and audit reports, which indicated the transactions were related to a diamond business conducted on a commission basis. The CIT(A) revised the estimated net profit to 0.20% on a turnover of ?53,64,67,051, confirming an addition of ?10,72,934 and deleting the remaining ?4,78,35,186. The Tribunal found no infirmity in the CIT(A)'s findings, which took into account the entirety of facts and circumstances, including the assessee’s statement and comparative third-party cases in similar businesses. 4. Charging of Interest under Sections 234A and 234B: The assessee denied liability for interest charged under sections 234A and 234B, arguing it was contrary to law and facts. The Tribunal did not specifically address this issue in detail, as the primary focus was on the validity of the assessments and the estimation of income. However, given the upholding of the assessments, the interest charges under sections 234A and 234B would typically follow as per the provisions of the Income Tax Act. Conclusion: The Tribunal dismissed both appeals, confirming the CIT(A)'s findings on the validity of the reopening of assessments under sections 147 and 148, the completion of assessments under section 144, and the revised estimation of net profit at 0.20%. The grounds of appeal by the assessee were thus dismissed, and the assessments and additions as determined by the CIT(A) were upheld.
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