Estimation of income without having any seized material or any material having corroborating evidence is bad in law

Last updated: 20 January 2021

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The Income Tax Appellate Tribunal has ruled that estimating a taxpayer's income without any seized material or corroborating evidence is unlawful. This decision stems from appeals concerning assessment years 2016-17 and 2017-18, where the Assessing Officer's (AO) estimation of income was deleted by the Commissioner of Income Tax (Appeals). The tribunal's order consolidates these appeals, highlighting the importance of evidence in income determination.

Court :
ITAT Visakhapatnam

Brief :
These appeals by the Revenue and the cross objections by the assessee are directed against the separate orders of Commissioner of Income Tax (Appeals)-3, Visakhapatnam, both dated 30/06/2020 for the Assessment Years 2016-17 & 2017-18. Since facts and the issues are common in both the appeals, they are clubbed and heard together and disposed of by way of this consolidated order.

Citation :
ITA 184/VIZ/2020

IN THE INCOME TAX APPELLATE TRIBUNAL
VISAKHAPATNAM BENCH, VISAKHAPATNAM
(Through web-based video conferencing platform)

BEFORE SHRI V. DURGA RAO, HON’BLE JUDICIAL MEMBER &
SHRI D.S. SUNDER SINGH, HON’BLE ACCOUNTANT MEMBER

I.T.A. Nos. 183 & 184/VIZ/2020
(Asst. Years : 2016-17 & 2017-18)

The ACIT, Central Circle-2, Guntur.
(Appellant)
vs.

M/s. Khan Mohammed Diamonds & Jewellery Pvt. Ltd., D.No. 5-37-221(A), 4th Lane, Brodipet, Guntur.
PAN No. AACCK 6467 A
(Respondent)

C.O.Nos. 18 & 19/VIZ/2020
(Arising out of I.T.A. Nos. 183 & 184/VIZ/2020)
(Asst. Years : 2016-17 & 2017-18)

M/s. Khan Mohammed Diamonds & Jewellery Pvt. Ltd., D.No. 5-37-221(A), 4th Lane, Brodipet, Guntur.
(Applicant)
vs.

The ACIT, Central Circle-2, Guntur.
PAN No. AACCK 6467 A
(Respondent)

Assessee by : Shri M.V. Prasad, CA.
Department By : Shri D.K. Sonawal, CIT-DR

Date of hearing : 26/11/2020.
Date of pronouncement : 23/12/2020.

O R D E R

PER BENCH:

These appeals by the Revenue and the cross objections by the assessee are directed against the separate orders of Commissioner of Income Tax (Appeals)-3, Visakhapatnam, both dated 30/06/2020 for the Assessment Years 2016-17 & 2017-18. Since facts and the issues are common in both the appeals, they are clubbed and heard together and disposed of by way of this consolidated order.

2. All the grounds of appeal are related to the income estimated by the AO which was deleted by the ld. CIT(A).

To know more in details find the attachment file