9911796707
TMI Blog2025 (2) TMI 575X X X X Extracts X X X X X X X X Extracts X X X X ..... ver, in the assessment order AO has made certain observations which questions the correctness of books and Net Profit estimated by the assessee. So far as this plea of the assessee that books of account not being rejected will result into deletion of the impugned addition, I do not find any merit. After considering the details filed by the assessee, financial statements for the years under appeal and considering the net profits offered by the assessee in subsequent years showing the turnover of Livestock/Poultry products equal to the amounts of goods brought from VHPL on behalf of his clients and the assessee adds back the profit which is normally the commission per kg basis and declares the sales, the activity of business of Livestock and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') which in turn are arising out of respective Assessment Orders passed u/s. 143(3) r.w.s147 of the Act. 2. Since the issues raised by the assessee are common for the two assessment years under appeal, I proceed to dispose of these appeals by way of this consolidated order for the sake of convenience. 3. I take up the appeal for the A.Y. 2012-13 as the lead case. Assessee has raised the following grounds of appeal : "1. The assessment order u/s 143(3) r.w.s. 147 dated 16.12.2019 does not bear DIN No. in the body of the order and therefore, the said asst. order issued in direct contradiction to the CBDT Mandate notified vide Circular No. 19/2019 dated 14.08.2019 and Circula ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of the grounds of appeal." 4. Ld. Counsel for the assessee has not pressed the Legal issue raised by the assessee vide Ground of appeal No.1 for both the assessment years. The said legal grounds for both the assessment years are therefore dismissed as 'Not Pressed 5. Facts of the case in brief are that the assessee is an individual carrying on the business of transport of Live birds/Poultry products. Based on the information that the assessee purchased poultry products from Venky's group amounting to Rs. 2,64,76,630/-, case of the assessee was reopened by issuance of notice u/s. 148 of the Act dated 26.03.2019. In compliance, assessee furnished return of income declaring income of Rs. 3,50,830/-. Valid notices u/s. 143(2)/142(1) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ailed to succeed. Now the assessee is in appeal before the Tribunal. 7. Ld. Counsel for the assessee commonly argued for both the years, firstly referred to the paper book containing 116 pages providing the details of submissions filed before the lower authorities and also documents to establish that assessee is not working in the capacity of the Retailer of Live birds/Poultry products but has only worked as Transporter of the Livestock from VHPL outlet to the buyers in Dhule District for whom he has purchased the livestock/poultry products. Ld. Counsel for the assessee also referred to the balance sheet, computation and financial statements for both the years to show that the regular books of accounts have been maintained and only the com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tail outlet in Dhule District but actually for various retailers of Dhule District who approach the assessee and ask him to bring the Livestock from VHPL since the assessee owns two bird caged vehicles for bringing Livestock collectively for various retailers. On the request of the retailers of Dhule District and after taking the orders from them, the assessee is claimed to have been approaching VHPL and the payments which he has received from its clients, i.e. retailers of Dhule District, make the payment at VHPL counter and takes delivery of livestock and then safely bring them in the vehicles owned by him. This activity not only includes the transport of Live birds/poultry products but also include taking delivery from VHPL and then brin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... impugned addition, I do not find any merit. 11. However, after considering the details filed by the assessee, financial statements for the years under appeal and considering the net profits offered by the assessee in subsequent years showing the turnover of Livestock/Poultry products equal to the amounts of goods brought from VHPL on behalf of his clients and the assessee adds back the profit which is normally the commission per kg basis and declares the sales, the activity of business of Livestock and earning commission per kg basis for transporting Livestock from VHPL to the retailers of Dhule District remain proved but the ld. AO has estimated the profit as applicable to retailer traders which is not applicable to assessee since he is e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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