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2021 (8) TMI 1141 - AT - Income TaxGP estimation - Rejection of books of accounts - fresh estimation of gross profit of 13% by the ld CIT(A) in the second round of litigation - G.P rate of 15.42% has already been applied by CIT(A) which has been upheld by the Tribunal in the first round of litigation - HELD THAT:- AO has made an addition towards unverified purchases to revised total income as computed after giving appeal effect u/s 143(3)/250 dated 16.02.2007 to order passed by the ld CIT(A) wherein he has estimated G.P rate of 15.42% - addition of ₹ 15,39,905/- is made over and above the G.P addition made in the first round of litigation wherein G.P rate has been taken at 15.42% as against 12.14% declared by the assessee. CIT(A) has rightly deleted the addition as we have noted above as there cannot be separate addition other than estimation of profits where the books of accounts have been rejected. CIT(A) has estimated G.P @ 13% failing to take into the consideration the fact that G.P has already been estimated earlier @ 15.42% and which has been accepted by both the parties and has attained finality and necessary effect given to by the AO while passing the impugned assessment order. In the contention so advanced by the AR and the addition so sustained by the ld CIT(A) amounting is hereby directed to be deleted. - Decided in favour of assessee.
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