2024 (10) TMI 240 - AT - Income Tax

Addition of unaccounted cash transaction - Estimation of profit percentage on the cash transaction - HELD THAT - Assessee being a small businessman carrying on trading business of Betel Nut (suprai) as commission agent, to meet the ends of justice, we deem it fit and appropriate to set aside the impugned order passed by the learned CIT(A) and direct the AO to calculate the profit @ 3% on cash transaction. Thus, grounds are partly allowed.

Summary

Issues:
1. Delay in filing the appeal by the assessee.
2. Addition of unaccounted cash transaction with Kamnani Group.
3. Calculation of profit percentage on the cash transaction.
4. Charging of interest under sections 234A, 234B, and 234C.

Analysis:

1. Delay in Filing the Appeal:
The Appellate Tribunal noted a delay of 147 days in filing the appeal by the assessee. Despite the delay, the Tribunal condoned the delay, considering that the fault lay with the authorized representative and not the assessee. The Tribunal found it just to allow the appeal to proceed on merit despite the delay.

2. Addition of Unaccounted Cash Transaction:
The assessee challenged the addition of Rs. 1,27,074 as unjustified and excessive, arguing that no cash transactions were made with Kamnani Group. The assessing officer relied on rough seized material to make the addition, alleging cash transactions of Rs. 25,41,479. The Tribunal set aside the CIT(A)'s decision and directed the Assessing Officer to calculate the profit at 3% on the cash transaction amount, partially allowing the grounds raised by the assessee.

3. Calculation of Profit Percentage:
The CIT(A) had directed the Assessing Officer to calculate the profit at 5% on the cash transaction amount. However, the Tribunal deemed it appropriate to set aside this decision and instructed the Assessing Officer to calculate the profit at 3% instead. This adjustment was made considering the nature of the assessee's business as a small trader of Betel Nuts.

4. Charging of Interest:
Regarding the charging of interest under sections 234A, 234B, and 234C, the Tribunal directed the Assessing Officer to give consequential effect while computing the income of the assessee based on the findings and adjustments made in the appeal. The Tribunal partially allowed the appeal filed by the assessee, providing relief on the issues raised.

In conclusion, the Appellate Tribunal partially allowed the assessee's appeal, addressing the delay in filing, the addition of unaccounted cash transactions, the calculation of profit percentage, and the charging of interest under relevant sections of the Income Tax Act. The Tribunal made adjustments in favor of the assessee after considering the facts and circumstances of the case, providing relief on certain grounds while upholding others.