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I-T - Entire undisclosed turnover cannot be treated as income and it should be computed after making reasonable deduction of expenses incurred for earning such income - ITAT

 

By TIOL News Service

KOLKATA, FEB 14, 2019: THE ISSUE IS - Whether entire undisclosed turnover cannot be the income and it should be computed after making reasonable deduction for expenses incurred for earning such income. YES IS THE VERDICT.

Facts of the case

The assessee maintained three Bank A/cs. during the relevant FY with UCO Bank. All three are joint accounts of assessee with her husband and son. During assessment for relevant year, AO, observed that certain cash deposits were made during the relevant year. The assessee was asked to clarify the source of deposits. The assessee replied that those deposits were absolutely personal receipts being sale consideration of cows, buffaloes and natural accreted calves in the personal cattle shed of the assessee. The AO noted that no details regarding such sale including the date of such sale was furnished. The explanation of the assessee as to source of cash deposits was not accepted by the AO and the same was, therefore, considered as from unexplained source and was added to the returned income of the assessee. On appeal, CIT(A) confirmed the action of AO. Aggrieved, assessee filed appeal before Tribunal.

Tribunal held that,

++ in the bank accounts the amounts deposited/withdrawn is not disputed. The AO after perusal of the affidavits of the assessee and that of her relatives has taken note that there were 41 cows and buffaloes maintained by the assessee in the relevant assessment year. From the assessment order it is discerned that assessee is having source of her income from (i) cows, (ii) buffaloes, (iii) milk and milk products and (iv) sweet shop. The sweet shop income assessee has already offered in her regular return of income. So the source of deposit in the bank accounts must be inferred to have been from the sources of income other than from sweet shop. Taking into consideration the overall facts and circumstances of the case, it was noted that in order to find out the undisclosed income of the assessee the AO has to take into consideration the total deposits in the bank account and thereafter, reduce the turnover disclosed by the assessee from sweet shop, which will give the undisclosed turnover of the assessee. It is trite law that the entire undisclosed turnover cannot be the income of the assessee. Necessarily the undisclosed income that shall form part of the total income would be so taken after defraying all expenses that are incurred for earning such income by the assessee, therefore, taking into consideration the overall facts and circumstances of this peculiar case, Gross profit rate of 10% of the undisclosed turnover should be taken as the undisclosed income of the assessee and that amount has only to be taxed. The impugned order of CIT(A) is set aside on this issue and the AO is directed to compute the gross profit. In the result, appeal of assessee is partly allowed.

(See 2019-TIOL-390-ITAT-KOL)


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