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TMI Blog2024 (7) TMI 497X X X X Extracts X X X X X X X X Extracts X X X X ..... by moving an application supported with an affidavit on the grounds inter-alia that prior to the due date of filing appeal brother of the assessee namely Shri Mangupuri died in his native place Ailani, Someshwar, Dist. Pali, Rajasthan and his last rites were performed on 05.01.2023 and other after death rites were performed around a month thereafter; that during the intervening period the assessee had to remain present in Rajasthan for attending family matters which took around 4-5 months; that thereafter Shri Bhanaram Choudhary, Income Tax Practitioner engaged by the assessee for filing the present appeal could not return to Mumbai due to marriage of his son but on his return he handed over the relevant papers to the assessee for filing th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... i] (hereinafter referred to as CIT(A)] qua the assessment year 2014-15 on the grounds inter-alia that :- "1. In the facts and circumstances and in law, Ld Faceless CIT(A), has erred in confirming the assessment order without considering all the submissions. 2. In the facts and circumstances and in law, Ld Faceless CIT(A), has erred in rejecting the first ground raised relating to consideration of income returned in a no est of return of income on the ground that appellant has not submitted on it. He ought to have suo-muto adjudicated the same ground as per settled law that non est return cannot be acted upon. 3. In the facts and circumstances and in law, Ld Faceless CIT(A), has erred in the income computed @ 20% on alleged suppresse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the suppressed sales, the profit rate otherwise shown by the assessee on its claimed turnover. 6. The assessee carried the matter before the Ld. CIT(A) by way of filing appeal who has confirmed the addition by dismissing the appeal. Feeling aggrieved with the impugned order passed by the Ld. CIT(A) the assessee has come up before the Tribunal by way of filing the present appeal. 7. We have heard the Ld. Authorised Representatives of the parties to the appeal, perused the orders passed by the Ld. Lower Revenue Authorities and documents available on record in the light of the facts and circumstances of the case and law applicable thereto. 8. We have perused the order passed by the Ld. CIT(A) who has confirmed the addition made by the AO b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vide letter dated 04- 03-2022 is extracted below: - Appellant's submission 6. In the facts and circumstances the appellant submits and prays to apply 8% on total turnover of Rs. 72,50,000 as per the provisions of sec. 44 AD. The appellant further submits that he has come out with clean hands in declaring / admitting the correct turnover of Rs. 72,50,000. Further, it is a common business prudence that more the turnover, less the profit. Therefore, taking 20% on undisclosed turnover is a hyper technical view and thus, the appellant is before you for justice to correct AO's view. 7. The appellant relies upon the judgment of Hon'ble Ahmadabad Tribunal in Abhi Developer's case, (2007) 12 SOT 444 pg. 7.3 The appellant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... (Rs.) Profit % 1 2012-13 11,32,5127- 1,96,5697- 17.36% 2 2013-14 11,89,5697- 2,02,5127- 17.02% 3 2014-15 (Original) 13,00,0127- 2,19,8567- 16.91 % 4 2014-15 (Revised) 14,69,8957- 3,02,5257- 20.58 % 5 2015-16 20,55,8527- 3,86,5337- 18.80% It is seen that the appellant himself was declaring profit at a percentage near to 20% consistently. The appellant has not been able to give any reason for adopting profit at the rate of 5% on the suppressed gross receipts other then saying that higher gross receipts means lower percentage of profit but this argument is also not corroborated further. It is not always true that higher gross receipts results in lower profit margins. The appellant has further st ..... X X X X Extracts X X X X X X X X Extracts X X X X
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