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Issues:
Appeal against addition in trading account - Opportunity of being heard under s. 142 - Assessment vitiated by lack of opportunity - Restoration of case for proper assessment. Analysis: The appeal before the Appellate Tribunal ITAT GAUHATI pertained to the assessment year 1978-79 of a registered firm. The primary ground of appeal was the addition of Rs. 20,000 in the trading account by the Income Tax Officer (ITO). The ITO made the addition based on the low gross profit rate of 10 1/2 per cent compared to other hardware goods dealers showing profits of at least 15 per cent. The ITO also raised concerns about unverifiable cash sales and potential stock manipulation, leading to the addition. The Assistant Commissioner (AAC) upheld the addition in the appeal stage, providing detailed reasons for the decision. During the appeal hearing, the assessee's counsel argued that the assessment was flawed as the facts regarding the 15 per cent gross profit rate of other dealers were not presented during the assessment proceedings, violating sub-section (3) of section 142. The counsel emphasized the increased turnover due to competitive pricing, suggesting no basis for the addition. The Departmental Representative supported the lower authorities' decisions, referencing a previous year's judgment upholding a similar addition in the assessee's case. Upon review, the Tribunal found that the ITO's reliance on other dealers' profit rates without informing the assessee violated the opportunity of being heard under section 142(3). This procedural flaw rendered the assessment invalid. As the lack of opportunity was a curable defect, the Tribunal set aside the lower authorities' orders and directed the ITO to conduct a proper assessment after providing the assessee with a reasonable opportunity to be heard. Consequently, the Tribunal did not delve into the merits of the case, given the procedural irregularity. In conclusion, the Tribunal allowed the assessee's appeal for statistical purposes, considering the restoration of the case for a lawful assessment. The judgment underscores the importance of affording taxpayers a fair opportunity to address and contest any material used in their assessments, as mandated by the provisions of the Income Tax Act.
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