9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (8) TMI 449 - AT - Income TaxEstimation of profit in respect of IMFL business - 10% OR 5% - Held that - The coordinate bench of the Tribunal in the case of Tangudu Jogisetty (2016 (7) TMI 379 - ITAT VISAKHAPATNAM) has considered the profit level in the line of business and decided that 5% of purchase price is reasonable profit margin in the line of IMFL business and directed the A.O. to re-compute the profit of the assessee. Thus we direct the A.O. to re-compute the income of the assessee at 5% of purchase price. Accordingly, this ground of appeal raised by the assessee is allowed. Unexplained cash credits - proper evidence to substantiate the claim - Held that - Assessee has not filed any details with regard to creditworthiness of the parties. Even before the tribunal, the assessee is not filed any details in respect of creditworthiness of the creditors. Therefore, find no reason to interfere with the order of the ld.CIT(A). Thus, this ground of appeal raised by the assessee is dismissed. - Decided against assessee.
Issues:
1. Estimation of profit in IMFL business for assessment year 2011-12. 2. Treatment of unexplained cash credit. 3. Classification of interest income as 'income from other sources'. Estimation of Profit in IMFL Business: The appeal was filed against the order of the Commissioner of Income Tax (Appeals) regarding the assessment year 2011-12. The assessee, an individual engaged in the purchase and sale of IMFL, declared a total income of ?5,02,350. The assessment was completed under section 143(3) of the Income Tax Act, estimating income at 20% of the stock put up for sale. The CIT(A) granted partial relief by reducing the percentage to 10% of the purchase price. The Tribunal considered a similar case where a 5% profit margin was deemed reasonable in the IMFL business. The Tribunal directed the Assessing Officer to re-compute the profit at 5% of total purchases net of all deductions. The decision was based on the fact that the A.O. had relied on a judgment applicable to a different type of business, and the assessee's argument was supported by a previous decision of the Tribunal in a similar scenario. Treatment of Unexplained Cash Credit: The Assessing Officer noted unsecured loans of ?8 lakhs from various creditors, treated as unexplained credits due to insufficient details proving the creditworthiness of the creditors. The CIT(A) and Tribunal upheld this treatment as the assessee failed to provide evidence regarding the creditworthiness of the parties. Consequently, this ground of appeal was dismissed. Classification of Interest Income: The interest income of ?12,502 was classified as 'income from other sources' by the Assessing Officer and CIT(A), a decision that was upheld by the Tribunal. No discrepancies were found in this treatment, leading to the dismissal of this ground of appeal. In conclusion, the appeal was partly allowed concerning the estimation of profit in the IMFL business, while the treatment of unexplained cash credit and interest income classification were upheld. The Tribunal directed the Assessing Officer to re-compute the income based on a 5% profit margin on total purchases, following the precedent set by a previous decision of the Tribunal in a similar case.
|
