1982 (7) TMI 166 - AT - Income Tax

Summary

Issues:
- Disputed trading addition of Rs. 24,722 based on GP rate discrepancy
- Influence of incorrect profit percentage figures by ITO
- Comparison of past GP rates to assess reasonableness of profit

Analysis:
The appeal before the Appellate Tribunal ITAT Jaipur concerns a trading addition of Rs. 24,722 disputed by the assessee for the assessment year 1977-78. The assessee, a wholesale cloth dealer, declared a GP of Rs. 1.12 lacs on a turnover of Rs. 14.96 lacs, reflecting a 7.5% rate. The ITO found this rate low due to lack of stock maintenance and high profit margins on credit sales. The ITO estimated sales at Rs. 15,20,000 with a GP rate of 9%, resulting in the disputed addition. The AAC upheld the ITO's decision.

The assessee contended in the second appeal that the ITO's profit percentage calculations were incorrect, citing transportation expenses not considered in GP rate determination. The assessee argued against the comparability of cases referenced by the ITO and asserted the reasonableness of the declared 7.5% rate based on past GP rates. The Tribunal noted discrepancies in the ITO's profit calculations and agreed that the referenced cases were not comparable due to turnover variations and mixed sales nature. Considering the past GP rates of 6.8% and 7.5% for the previous years, the Tribunal found the declared 7.5% rate reasonable. Despite the technical applicability of proviso to s. 145(1), the Tribunal deemed no addition necessary and deleted the disputed amount.

In conclusion, the Tribunal allowed the appeal, ruling in favor of the assessee and deleting the trading addition of Rs. 24,722.