2002 (9) TMI 385 - AT - Income Tax

Summary

Issues Involved:
1. Under-statement of profit.
2. Low gross profit (g.p.) and net profit.
3. Genuineness of capital contributions by partners.

Summary of Judgment:

1. Under-statement of Profit:
The Commissioner identified an under-statement of profit amounting to Rs. 3,433. The assessee accepted this addition, and the Tribunal upheld the Commissioner's jurisdiction u/s 263 of the Income-tax Act to this extent.

2. Low Gross Profit (g.p.) and Net Profit:
The Commissioner noted that the g.p. and net profit declared by the assessee were low and that the Assessing Officer (AO) had not examined the reasons. The assessee argued that a chart indicating sales and g.p. for earlier years was submitted to the AO, showing a higher g.p. rate in the year under consideration compared to previous years. The Tribunal found that the AO had considered the survey operation u/s 133A and the g.p. rate, thus applying his mind. Therefore, the AO's order could not be deemed erroneous.

3. Genuineness of Capital Contributions by Partners:
The Commissioner questioned the genuineness of gifts received by partners and introduced as capital contributions. The assessee provided detailed explanations and evidence for these contributions, which were already on record with the AO. The Tribunal held that the AO had examined these details in the individual cases of the partners, and thus, the AO's order was not erroneous. The Tribunal canceled the Commissioner's order directing further investigation into these capital contributions.

Conclusion:
The Tribunal partly allowed the appeal, upholding the Commissioner's jurisdiction u/s 263 regarding the under-statement of profit but canceling the directions for further investigation into the g.p. and capital contributions.