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2019 (12) TMI 34 - AT - Income TaxEstimation of income - AO estimated the income at 9% of the total turnover - contention of the assessee is that it included reimbursement of expenditure which does not have any profit element in it - According to the AR re-imbursement amount is to be excluded from the total income credited in the P&L account, so as to estimate the income of the assessee - HELD THAT:- Assessee has to prove that the income credited in the P&L account which includes reimbursement of expenses also. Before us, the assessee has not been able to substantiate the reimbursement of income included in the gross income credited in the P&L account. In the interest of justice, this issue is remitted to the file of the Assessing Officer to examine afresh and then determine the income of the assessee. However, we make it clear that if the assessee is not co-operating with the Assessing Officer by producing the books of account before him, in that event, the Assessing Officer is at liberty to estimate the income to the best of his knowledge. With this observation, we remit this issue to the file of the Assessing Officer for fresh consideration. The grounds of appeal of the assessee are partly allowed for statistical purposes.
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