2022 (10) TMI 337 - AT - Income Tax

Estimation of profit from accommodation entries - estimation made by the AO and confirmed by the CIT(A) in estimating the profit @8% of the entire impugned amount without rejecting the books of account of the assessee - HELD THAT - As identical facts and circumstances, the coordinate Bench of ITAT Delhi, in the case of Vishnu Goel 2018 (10) TMI 1970 - ITAT DELHI has held that where as the AO initially estimated income at 2% which was reduced by the ld.CIT(A) to 1% in first appeal. We take respectful cognizance of the judgement of the jurisdictional High Court of Delhi in the case JKD Brokers P. Ltd. 2015 (3) TMI 409 - DELHI HIGH COURT that the profit/commission was to be estimated at 1% of the aggregate credits. Therefore, respectfully following the judgement of the jurisdictional High Court of Delhi in the case of JKD Brokers P. Ltd. vs. CIT (supra) the estimation made by the AO is reduced to 1% of aggregate credits and the AO is directed to recompute the addition accordingly. Grounds No.5 and 6 of the assessee are, thus, partly allowed.

Summary

Issues:
1. Validity of assessment under Income Tax Act
2. Compliance with provisions of sec 143(2) of IT Act
3. Validity of reassessment proceedings under sec 147 of IT Act
4. Mechanical satisfaction in sanction under sec 151 of IT Act
5. Estimation of additional income
6. Compliance with sec 145(1) of IT Act

Analysis:

Issue 1: The appeal challenged the validity of the assessment under the Income Tax Act, claiming it was completed without complying with legal requirements, rendering it void ab initio. However, the representative later withdrew this ground.

Issue 2: The appellant contended that the assessment under sec 143(3) of the IT Act was incomplete as it did not comply with sec 143(2) provisions. The representative withdrew this ground as well.

Issue 3: The appellant argued that the reassessment proceedings initiated under sec 147 of the IT Act were flawed due to the Assessing Officer's lack of independent examination of the material. The CIT(A) upheld the proceedings, but the appellant sought their annulment due to procedural defects.

Issue 4: The appellant challenged the mechanical satisfaction in the sanction under sec 151 of the IT Act, asserting it tainted the reassessment proceedings. However, this argument was not pursued further.

Issue 5: The dispute centered on the estimated addition of Rs.24,87,067, with the appellant claiming the AO's estimation lacked basis and was arbitrary. The appellant argued that the estimation was unsustainable under sec 145(1) of the IT Act due to the absence of a finding on the reliability of the books of account.

Issue 6: The appellant contended that the estimated addition was unsustainable as it violated sec 145(1) of the IT Act by not considering the reliability of the books of account. The appellant sought a reduction in the estimated profit percentage based on precedents and judgments.

The Tribunal, after considering arguments and precedents, reduced the estimated profit percentage to 1% of aggregate credits, following a judgment of the Delhi High Court. Consequently, the appeal was partly allowed, and the Assessing Officer was directed to recompute the addition accordingly.