2011 (7) TMI 1348 - AT - Income Tax

Tribunal upholds 10% profit estimation on total receipts, dismisses revenue's appeal.

Income-tax Officer, Ward-11 (4), Kolkata Versus Royal Securities Guarding P. Ltd. And Vice-Versa

The Tribunal dismissed the revenue's appeal and the assessee's cross-objection, affirming the estimation of net profit at 10% on total receipts. The ... - Issues involved: Appeal by Revenue and cross objection of assessee against order of ld. C.I.T.(A)-XII, Kolkata u/s. 143(1) and 147/143(3) for assessment year 2004-05.Details of the Judgment:Issue 1: Addition made u/s. 69A for undisclosed incomeThe assessee, engaged in security services, admitted deposits in undisclosed bank account as receipts from clients but failed to prove genuineness of claimed expenses. The A.O. disallowed entire expenses against receipts u/s. 69A. Ld. C.I.T.(A) estimated net profit at 10% on disclosed and undisclosed receipts due to lack of proper records and evidence. The department appealed against this estimation.Issue 2: Dispute over estimation of net profitThe department argued for restricting addition to 6% of undisclosed receipts based on subsequent assessment year's profit rate. However, the undisclosed amount in the subsequent year was significantly lower. Ld. C.I.T.(A) estimated net profit at 10% considering lack of evidence for claimed expenses. The parties presented their arguments regarding the estimation.Judgment:The Tribunal observed discrepancies in the A.O.'s disallowance of entire receipts as unexplained income u/s. 69A. It noted regular cash withdrawals for expenses and upheld ld. C.I.T.(A)'s estimation of net profit at 10% on total receipts. The Tribunal dismissed the revenue's appeal and the assessee's cross-objection, affirming the estimation of net profit at 10%.This comprehensive summary highlights the issues involved, details of the judgment for each issue, and the final decision rendered by the Tribunal.