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GST return discrepancies alone cannot justify addition under Section 69C; AO must apply 5% gross profit on admitted purchases
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....ITAT modified the order of the Ld. CIT(A), holding that discrepancies in a third-party GST return cannot alone sustain an addition under s. 69C. The Tribunal found admitted purchases of Rs. 30,42,821 (not Rs. 76,10,580) and concluded the Assessing Officer's estimate was excessive. ITAT directed the AO to compute unexplained income by applying a gross profit rate of 5% on the admitted total purchases, thereby reducing the addition previously upheld by the CIT(A). The appeal of the assessee is partly allowed and remitted for assessment in accordance with this direction.....
TaxTMI
TaxTMI