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of <h1>Appeal partially allowed for Mehta in Associated Apparels case, with profit and expense adjustments.</h1> <h3>R.K. Mehta Versus Income-tax Officer, Ward -2 (2) Rajkot</h3> R.K. Mehta Versus Income-tax Officer, Ward -2 (2) Rajkot - TMI Issues Involved:1. Validity of assessment order u/s 143(3) without filing a return of income.2. Ownership of M/s. Associated Apparels.3. Additions on account of investments and profits in M/s. Associated Apparels.4. Estimation of household expenses.Summary:1. Validity of Assessment Order u/s 143(3):The assessee contended that the assessment order u/s 143(3) was invalid as no return of income was filed, and notice u/s 143(2) was issued in the absence of a return. The CIT(A) upheld the assessment, stating that despite the technical error, the assessment was validly framed following due process of law and in pursuance of the CIT(A)'s order dated 24-03-1992. The Tribunal confirmed this finding, noting the assessee's failure to produce contrary materials.2. Ownership of M/s. Associated Apparels:The primary issue was whether the assessee, Mr. Rohit K. Mehta, was the real owner of M/s. Associated Apparels. The AO and CIT(A) concluded that Mr. Mehta was the owner based on evidence from a search and statements from involved parties. The Tribunal upheld this finding, noting that documents and statements indicated Mr. Mehta's ownership, despite his claims of being only a power of attorney holder.3. Additions on Account of Investments and Profits:- Investment of Rs. 2,60,000/-: The Tribunal, agreeing with the CIT(A), deleted this addition, finding no separate material to justify it apart from the confirmed investment of Rs. 18 lakhs in purchases.- Profit of Rs. 7,20,000/-: The Tribunal confirmed this addition, agreeing with the CIT(A) that the assessee must have earned profit on the Rs. 18 lakhs investment in goods.- Estimated Value of Goods Imported (Rs. 4,75,500/-) and Profit from Shortage of Goods (Rs. 1,26,900/-): The Tribunal allowed telescoping benefits, deleting these additions by considering them covered by the Rs. 18 lakhs investment and profit addition.4. Estimation of Household Expenses:The AO's addition of Rs. 40,400/- for household expenses was partly upheld. The Tribunal, agreeing with the CIT(A), reduced this to Rs. 30,000/-, noting the assessee's own submission that the expenses should not exceed this amount.Conclusion:The appeal was partly allowed, with the Tribunal confirming the ownership of M/s. Associated Apparels by Mr. Mehta, upholding the profit addition of Rs. 7,20,000/-, reducing the household expenses addition to Rs. 30,000/-, and deleting the additions of Rs. 2,60,000/-, Rs. 4,75,500/-, and Rs. 1,26,900/- by allowing telescoping benefits.
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