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Balwant Singh Bindra, Prop. M/s Bindra Tyres, Shop No.178, Janta Market, Rani Jhansi Road, Jhandewalan, New Delhi. Vs. ITO, Ward-63(4), New Delhi.
February, 18th 2020
       IN THE INCOME TAX APPELLATE TRIBUNAL
             DELHI BENCH : A : NEW DELHI

  BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER
                       AND
      SHRI R.K. PANDA, ACCOUNTANT MEMBER
                        ITA Nos.4493 & 4494/Del/2016
                     Assessment Years: 2008-09 & 2009-10

Balwant Singh Bindra,                     Vs ITO,
Prop. M/s Bindra Tyres,                      Ward-63(4),
Shop No.178, Janta Market,                   New Delhi.
Rani Jhansi Road,
Jhandewalan,
New Delhi.

PAN: ACIPB5134E

      (Appellant)                              (Respondent)

            Assessee by               :     Shri K. Sampath, Advocate &
                                            Shri V. Raja Kumar, Advocate
            Revenue by                :     Shri S.L. Anuragi, Sr. DR

            Date of Hearing       :          05.02.2020
            Date of Pronouncement :          17.02.2020

                                     ORDER

PER R.K. PANDA, AM:

      The above two appeals filed by the assessee are directed against the separate

orders dated 21.06.2016 of the CIT(A)-20, New Delhi relating to assessment year

2008-09 and 2009-10, respectively.
                                                             ITA Nos.4493 & 4494/Del/2016


2.    Since common issues are involved in both these appeals, therefore, these

appeals were heard together and are being disposed of by this consolidated order

for the sake of convenience.


3.    In both the appeals, the assessee has challenged the order of the CIT(A) in

giving part relief to the assessee against the addition of Rs.62,80,100/- made by the

AO for A.Y. 2008-09 and Rs.68,80,800/- for A.Y. 2009-10.







4.    First we take up ITA No.4493/Del/2016 as a lead case. Facts of the case, in

brief, are that the assessee is an individual and proprietor of M/s Bindra Tyre and

used to deal in cold rubber on commission basis and repair tyre puncture. It filed

its return of income on 30th March, 2009 declaring the total income at

Rs.1,25,756/- (for A.Y. 2009-10, the assessee filed the return of income on 19th

March, 2010 at a total income of Rs.1,63,596/-). On the basis of tax evasion

information received from the Dy. Director of Income-tax (Inv.), Unit 1(3), New

Delhi, the case of the assessee was reopened u/s 147 after recording reasons and

notice u/s 148 of the IT Act was issued to the assessee. During the course of

assessment proceedings, the AO noted that the assessee has made cash deposit of

Rs.62,80,100/- directly in the account of M/s Midas Marketing which was admitted

by Shri Balwant Singh Bindra, Prop. of M/s Bindra Tyres, i.e., the assessee during

the course of his statement u/s 131 of the IT Act recorded on oath on 2 nd

September, 2013 by the DDIT (Inv.), Unit-1(3), New Delhi. The AO extracted the

statement of the assessee and issued a show cause notice asking him to explain the

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                                                             ITA Nos.4493 & 4494/Del/2016


source of such cash deposit. Rejecting the various explanations given by the

assessee and observing that the assessee could not justify such cash deposit to the

account of the company, the AO, invoking the provisions of section 68 of the Act

made addition of Rs.62,80,100/- to the total income of the assessee.           Similar

addition has been made by the AO amounting to Rs.68,80,800/- for A.Y. 2009-10.


5.    In appeal, the ld.CIT(A) directed the AO to restrict the addition to 20% of

the purchase amount of Rs.62,80,100/- for A.Y. 2008-09 and 20% of

Rs.68,80,800/- for A.Y. 2009-10.


6.    Aggrieved with such order of the CIT(A), the assessee is in appeal before

the Tribunal.


7.    The ld. Counsel for the assessee while submitting that the estimation of

profit by the CIT(A) is justified, however, he submitted that in the line of business

the assessee is engaged in, the net profit rate varies from 6-7%. He accordingly

submitted that the estimation of profit at 20% by the CIT(A) is exorbitantly high

and, therefore, a reasonable view should be taken.


8.    The ld. DR, on the other hand, submitted that the ld.CIT(A) has already

given substantial relief to the assessee which covers disallowance u/s 40A(3) and

various other disallowances which the assessee could not substantiate. Since the

CIT(A) has already given substantial relief and the Revenue is not in appeal,




                                         3
                                                              ITA Nos.4493 & 4494/Del/2016


therefore, he submitted that the order of the CIT(A) be upheld and the grounds

raised by the assessee be dismissed.







9.    We have considered the rival arguments made by both the sides, perused the

orders of the AO and the CIT(A) and the paper book filed on behalf of the

assessee. We find the AO, in the instant case, made addition of Rs.62,80,100/- for

A.Y. 2008-09 and Rs.68,80,800/- for A.Y. 2009-10 on the ground that the assessee

should have explained the source of cash deposits in the bank account of the

company M/s Midas Marketing. We find the ld. CIT(A) directed the AO to restrict

the addition to 20% of the said deposit and the Revenue is not in appeal before the

Tribunal against the relief granted by the CIT(A). It is the submission of the ld.

Counsel for the assessee that the estimation of profit @ 20% of the total cash

deposits is on higher side, since, in the line of rubber trading, the net profit ratio

cannot go beyond 6% to 7%, Considering the totality of the facts of the case and

considering the fact that the estimation of profit @ 20%, in the instant case, is on

higher side, we are of the opinion that adoption of profit rate of 12% under the

facts and circumstances of the case will meet the end of justice. We, therefore,

modify the order of the CIT(A) and direct the AO to restrict the disallowance to

12% of the cash deposits in the bank account of M/s Midas Marketing. The

grounds raised by the assessee are accordingly partly allowed.




                                          4
                                                              ITA Nos.4493 & 4494/Del/2016


10.    In the result, the appeals filed by the assessee are partly allowed.

       Order pronounced in the open court on 17.02.2020.

         Sd/-                                                         Sd/-

(BHAVNESH SAINI)                                            (R.K. PANDA)
JUDICIAL MEMBER                                         ACCOUNTANT MEMBER

Dated: 17th February, 2020.

dk

Copy forwarded to

1.    Appellant
2.    Respondent
3.    CIT
4.    CIT(A)
5.    DR
                                                 Asstt. Registrar, ITAT, New Delhi




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