Commissioner Cannot Apply Section 40A(3) When Profits Already Estimated on Unaccounted Cash Purchases Worth 5.83 Crore

ITAT ruled against PCIT's revision order under s.263 regarding unaccounted cash purchases of Rs.5,83,99,000/-. The Tribunal held that where AO had already estimated profits on unaccounted cash purchases, additional disallowance under s.40A(3) was not warranted. Following established HC precedents, ITAT found AO's approach of applying gross profit estimation was a plausible view, precluding PCIT's revisionary powers. The assessment considering seized materials and ledger accounts demonstrated these were trading receipts during business operations. Since profits were already estimated and taxed on cash transactions, further disallowance under s.40A(3) was legally untenable. Assessee's appeals allowed, setting aside revision proceedings. .....

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