1991 (10) TMI 71 - AT - Income Tax

Summary

Issues:
1. Restriction of relief by CIT(A).
2. Addition of profit by ITO and confirmation by CIT(A) based on net profit rate.
3. Addition of cash payments exceeding Rs. 2,500 under section 40A(3).

Analysis:

Issue 1:
The appellant, a contractor, challenged the restriction of relief by the CIT(A) in ground No. 1, but later withdrew the ground as the mistake was rectified. Hence, ground No.1 was rejected.

Issue 2:
Grounds 2 & 3 raised by the assessee questioned the addition of Rs. 54,676 by the ITO, stating that the declared profit was low. The CIT(A) confirmed the net profit estimation by the ITO at Rs. 1,82,246. The appellant argued for a lower profit rate based on past assessments, but the Tribunal found the ITO's estimation justified. However, the Tribunal directed the ITO to apply a 6% profit rate instead of the excessive 12% rate, considering past assessments and the lack of details on material costs.

Issue 3:
Grounds 4, 5 & 6 dealt with additions made by the ITO for cash payments exceeding Rs. 2,500 under section 40A(3). The CIT(A) confirmed these additions, citing non-compliance with the rule. The appellant argued that these additions should not be separate from the declared gross profit and that section 40A(3) should not apply when profit is estimated. The Tribunal agreed, canceling the Rs. 23,500 additions made under section 40A(3).

Conclusion:
The Tribunal partially allowed the appeal, directing the ITO to compute the relief based on a 6% profit rate. The additions under section 40A(3) were canceled, rendering an alternative ground irrelevant.