ACIT v. Shiv Edibles Ltd. (2021) 89 ITR 58 (SN) (Jaipur)(Trib.)

S. 144 : Best judgment assessment-Estimation of gross profit-Sluggish economic conditions-CIT(A) accepting the gross profit declared by the assessee-No business could have a minimum threshold gross profit every year just to satisfy the whims of the Assessing Officer-Held to be proper. [S. 145(3)]

Tribunal held that there was also a substantial decrease in turnover as compared to the immediately preceding year and that it was important for the Assessing Officer to examine this issue. While examining gross margins, the Assessing Officer should not only compare the past margins of the assessee but also the current year margins of other assessees engaged in similar business. This would give an insight into the actual profit margins during the year under reference and would be a correct guide for estimation of profits. He held that no business could have a minimum threshold gross profit every year just to satisfy the whims of the Assessing Officer. There was no justifiable reason to interfere with the findings of the Commissioner (Appeal). (AY: 2015-16).