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Deputy Commissioner of Income Tax, Circle-2, Durgapur Vs. Sri Gayatri Minerals Pvt. Ltd.

Case No: 1324/KOL/2023
Court: Income Tax Appellate Tribunal, Kolkata ‘D’ Bench
Date: 2/6/2025

Parties Involved

appellantDeputy Commissioner of Income Tax, Circle-2, Durgapur
respondentSri Gayatri Minerals Pvt. Ltd.

Facts Summary

The assessee, Sri Gayatri Minerals Pvt. Ltd., is a closely held private limited company engaged in the production of High Carbon Silico Manganese. The return for the Assessment Year 2011-12 was filed electronically on 28.09.2011 showing the total income of Rs. 10,90,26,221/-. The case was taken up for scrutiny through CASS, and the assessee complied with the notices issued and filed the required reply. However, the Assessing Officer (AO) made an addition of Rs. 2,92,99,460/- on account of a shortfall in the Gross Profit (GP) ratio. The assessee filed an appeal before the Commissioner of Income Tax (Appeals) - NFAC, Delhi, who allowed the appeal. Aggrieved by this order, the Revenue filed an appeal before the Income Tax Appellate Tribunal.

Decision in favour of

Assessee

Legal Issues

  • 1. Whether the CIT(A) is justified in allowing the assessee's appeal by deleting the addition of Rs. 2,92,99,460/- on account of estimated Gross Profit made by the AO, when the assessee failed to substantiate the increase of cost of production with corroborative evidence.
  • 2. Whether the CIT(A) is justified in allowing the assessee's appeal by deleting the addition of Rs. 2,92,99,460/- when the assessee failed to furnish details of stock and debtors submitted to the bank for availing the loan.
  • 3. Whether the CIT(A) is justified in allowing the assessee's appeal by deleting the addition of Rs. 2,92,99,460/- on account of estimated Gross Profit, stating that the decline in the GP rate in comparison to the immediately preceding assessment year cannot be a criterion to reject the books, when there is nothing on record to show substantial reduction in the gross profit ratio.

Judgment Outcome

Decided in favour of Assessee.

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