2015 (2) TMI 206 - HC - Income Tax

High Court directs reexamination by Tribunal, parties to appear before Income Tax Appellate Tribunal.

The Commissioner of Income Tax-II, Chandigarh Versus Narender Kumar Gupta

The Commissioner of Income Tax-II, Chandigarh Versus Narender Kumar Gupta - TMI Issues:1. Impugning correctness of order by Revenue2. Addition of various amounts by Assessing Officer3. Deletion of additions by CIT(A) and Tribunal4. Jurisdiction of Tribunal in directing assessment at 6%Analysis:Issue 1: Impugning correctness of order by RevenueThe Revenue challenged the Tribunal's order questioning the correctness of not deciding on the issue of bogus purchases and directing the assessing officer to work out the income at a net profit rate of 6%. The Tribunal was criticized for deleting additions without considering substantial evidence provided by the assessing officer, leading to the appeal by the Revenue.Issue 2: Addition of various amounts by Assessing OfficerThe assessing officer had made several additions to the income of the assessee, including amounts related to failure to deduct tax, payments made in cash, unsubstantiated expenses, and disallowance of repair and maintenance costs. These additions were based on findings that purchases were bogus and lacked proper documentation, leading to discrepancies in the accounts.Issue 3: Deletion of additions by CIT(A) and TribunalThe CIT(A) had deleted one of the additions but affirmed others, resulting in the assessee filing an appeal before the Tribunal. The Tribunal allowed the appeal, directing the assessing officer to assess income at a net profit rate of 6% and deleting all other additions, which was contested by the Revenue for lack of proper reasoning and evidence.Issue 4: Jurisdiction of Tribunal in directing assessment at 6%The Tribunal's decision to assess income at a net profit rate of 6% and delete all additions without thorough consideration of the evidence provided by the assessing officer was deemed flawed. The Tribunal was criticized for ignoring crucial evidence, such as the inspector's report confirming non-existence of parties mentioned in bills, and for not addressing the failure of the assessee to prove the genuineness of purchases, leading to a miscarriage of justice and error of jurisdiction.In conclusion, the High Court allowed the appeal, set aside the Tribunal's order, and directed the Tribunal to reexamine the case considering the evidence and factors presented by the assessing officer. The parties were instructed to appear before the Income Tax Appellate Tribunal for further proceedings.