Where search proceedings revealed unaccounted receipts and expenditure from the assessee’s hospitality business, the CIT(A) was justified in estimating income by applying a net profit rate of 12% on the unaccounted receipts instead of treating the entire receipts as income. Telescoping of unaccounted expenditure against such receipts was rightly allowed as both formed part of the same business activity. Separate addition of seized cash under section 69A was rightly deleted since the cash represented business receipts already considered while estimating income, and a further addition would amount to double taxation. Addition in respect of PF/ESI contribution for unabated assessment years was not sustainable in the absence of incriminating material, while for the abated year the payment made after a Sunday was held to be within the permissible time under the General Clauses Act. The Tribunal also upheld deletion of separate addition for poker income and expenditure as the same already formed part of the seized material considered for estimating business income. (AY. 2013-14 to 2019-20).
Sankalp Recreation Pvt. Ltd. v. ACIT (2025) 130 ITR 517 (Ahd.)(Trib.)
S. 69A: Unexplained money-Search assessment-Unaccounted receipts-Estimation of profit-Telescoping-Seized cash-PF/ESI contributions-Addition was deleted..[S. 69C 132, 145, 153A, General Clauses Act]
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