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2018 (4) TMI 330 - ITAT KOLKATAEstimation of profit without rejecting the books of account u/s 145(3) - Addition of net profit on the basis of comparative cases - ignoring the profit declared by it in its books of account - Held that:- the history of the assessee becomes very important once the profit has to be determined on estimated basis. - Though there was no scrutiny proceeding u/s 143(3) of the Act in earlier years but for that the assessee cannot be held responsible as it is not under his control. Once the assessee furnished his return of income then assessee has no role in the selection of the same under scrutiny proceedings. Thus, coming to profit declared by the assessee in earlier year cannot be brushed aside for estimating the profit of the current year until and unless, there are changes in the facts and circumstances. Addition towards income account of bulk agency ticket - On question by the AO the assessee submitted that the bulk agency bonus was distributed among the sellers handling the prize winning tickets. However, the assessee failed to substantiate the claim made by him on the basis of documentary evidence. - Held that:- The additional documents filed by the assessee are explaining the dispute which is already available on record. Therefore, we hold that the additional documents filed by assessee are necessary for disposal of dispute in hand. Therefore, we admit the same and restore the issue back to the file of AO for fresh adjudication in accordance with law and after considering the fresh evidence filed by assessee. Thus, the ground of assessee is allowed for statistical purpose in terms of above direction.
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